Case 3268337

Pinewood Nurseries, Wexham Street, Stoke Poges, SL3 6NB

Buckinghamshire Council - South Bucks Area * — appeal dismissed

Outcome
Dismissed
Decision date
5 July 2021
Authority
Buckinghamshire Council - South Bucks Area *
Inspector
Plenty B
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr T Robinson
Agent
Acorus Rural Property Services Ltd
LPA reference
PL/20/3971/FA
ONS LPA code
E07000006
Jurisdiction
Transferred
Link status
Not Linked
Start date
21 April 2021

Summary AI

The appeal for a material change of use of land for the parking of private ambulances in the Green Belt was dismissed. The proposal would harm the openness of the Green Belt and result in encroachment into agricultural land, contrary to local and national policies. The public benefit of the delivery of a convenient service for attendees of the adjacent hospital was not sufficient to outweigh the harm to the Green Belt.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Pinewood Nurseries, Wexham Street, Stoke Poges, SL3 6NB — Buckinghamshire Council - South Bucks Area * — Appeal Decision Site Visit made on 14 June 2021 by Mr Ben Plenty BSc (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 5 July 2021 Appeal Ref: APP/N0410/W/21/3268337 Pinewood Nurseries, Wexham Street, Stoke Poges SL3 6NB • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr T Robinson against the decision of Buckinghamshire Council - South Area (South Bucks). • The application Ref PL/20/3971/FA, dated 19 November 2020, was refused by notice dated 19 January 2021. • The development proposed is for the change of use of land for the parking of private ambulances. Decision 1. The appeal is dismissed. Preliminary Matters 2. The proposed development is already in use but I have adjusted the description of development, to remove reference to it being retrospective, as this is not a description of development. Additionally, the use has resulted in the provision of a number of structures that the Council recognises as insubstantial but is nevertheless unconvinced that these are temporary buildings.

Page 1 · Chunk 1 Appeal Decision

Pinewood Nurseries, Wexham Street, Stoke Poges, SL3 6NB — Buckinghamshire Council - South Bucks Area * — Appeal Decision However, the proposal as presented relates purely to a material change of use and this was the terms in which the application was considered and determined. I shall therefore consider the appeal within the same framework. Main Issues 3. The main issues are: • whether the proposal would be inappropriate development in the Green Belt having regard to local and national policies; and • if the proposal would be inappropriate development, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to very special circumstances to justify it. Reasons Inappropriate development 4. The site is within the Metropolitan Green Belt. The development plan for the district includes the South Bucks District Local Plan 1999 (consolidated 2007 and 2011)(LP). Saved policy GB1 of the LP identifies that most development in the Green Belt would be inappropriate apart from the listed exceptions at (a) to (h). Saved policy GB1(g) relates to uses of land which would not compromise https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Pinewood Nurseries, Wexham Street, Stoke Poges, SL3 6NB — Buckinghamshire Council - South Bucks Area * — Appeal Decision Appeal Decision APP/N0410/W/21/3268337 the purpose of including land in the Green Belt and which would permanently retain its open and undeveloped character. This policy is largely consistent with the National Planning Policy Framework (The Framework). 5. The Framework explains that the Government attaches great importance to the Green Belt and that substantial weight is to be afforded to any harm. Paragraph 145, of the Framework, establishes that new buildings would be inappropriate unless they fall within one of the listed exceptions. Furthermore, paragraph 146 relates to certain other forms of development that would not be inappropriate, provided they preserve the openness of the Green Belt, and do not conflict with the purposes of including land within it. I agree with main parties that the proposal would be a material change of use as referred to by paragraph 146(e). 6. Therefore, to understand whether or not the proposal would be inappropriate development requires assessment of its impact on openness and whether it would result in encroachment into the countryside. 7. The openness of the Green Belt has both spatial and visual dimensions.

Page 2 · Chunk 3 Appeal Decision

Pinewood Nurseries, Wexham Street, Stoke Poges, SL3 6NB — Buckinghamshire Council - South Bucks Area * — Appeal Decision The effect to openness, with respect to the proposal, would principally be through visual harm. The appeal site is located to the rear of the nursery site but is within an open and exposed area of the site. Views of the appeal site can be obtained from the wider nursery site and the adjacent hospital car park. Some screening is located to the rear of the site consisting of planting and an earth bund. 8. The proposal relates to the parking of up to 20 vehicles within the site. The proposal would result in an increase in vehicular, associated with the business, movements to and from the site. The appellant suggests that these would be off-site for much of the time. However, during my visit I saw that the parking area was largely occupied. There is also no indication that vehicles would be parked elsewhere overnight, especially noting that a 24-hour service is provided from the site. As such, although the vehicles are mobile, the ongoing visual effect of the use would be of a site that contains parked vehicles for most of the time. This would result in an intrusion of activity into the Green Belt. 9.

Page 2 · Chunk 4 Appeal Decision

Pinewood Nurseries, Wexham Street, Stoke Poges, SL3 6NB — Buckinghamshire Council - South Bucks Area * — Appeal Decision Furthermore, the use is accompanied by several temporary buildings including cabins, a wash garage, storage, staff accommodation and toilets. Also, screens have been erected to define both the car park compound and the staff amenity area. These components, and the associated buildings, seem to be features which are integral to the proposed use. As such, the use would include a collection of associated commercial and amenity related paraphernalia that also has a relatively wide visual impact on the surrounding area. Consequently, despite the presence of surrounding buildings, the proposed use would erode the open character of the site. Local vehicular activity, such as the use of the adjacent car park serving the hospital and movements associated with the golf course, do not alter my view of the visual impact of the proposal. Therefore, the proposal would have a moderately harmful impact on the openness of the Green Belt. 10. Also, the proposed use would represent an encroachment of commercial activity into agricultural land that would conflict with a main purpose of the Green Belt. This would therefore be contrary to a fundamental aim of the Green Belt to prevent urban sprawl and keep land permanently open.

Page 2 · Chunk 5 Appeal Decision

Pinewood Nurseries, Wexham Street, Stoke Poges, SL3 6NB — Buckinghamshire Council - South Bucks Area * — Appeal Decision https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 6 Appeal Decision

Pinewood Nurseries, Wexham Street, Stoke Poges, SL3 6NB — Buckinghamshire Council - South Bucks Area * — Appeal Decision https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/N0410/W/21/3268337 11. As it has not been demonstrated that the proposal would preserve the openness of the Green Belt, and would result in encroachment, it would be inappropriate development in the Green Belt which is, by definition, harmful to the Green Belt. Other Considerations 12. The use operates partly in support of the adjacent Wexham Park Hospital. The appellant explains that the business provides parking of ambulances in support of the transfer of patients to the nearby hospital. The hospital uses the service for all short notice patient discharges as the facility is available 24 hours a day. The facility also provides a service for other local hospitals for emergency and non-emergency transfers in and around the Greater London region. This therefore provides an important community service. 13. The appellant explains that the operator of the facility could not find an alternative site and approached the appellant for assistance. It seems that the ambulances are principally used to move patients between their home and hospital and to be transferred between hospitals.

Page 3 · Chunk 7 Appeal Decision

Pinewood Nurseries, Wexham Street, Stoke Poges, SL3 6NB — Buckinghamshire Council - South Bucks Area * — Appeal Decision Therefore, being located adjacent to a hospital presents benefits to the efficiency of movement if the adjacent hospital is either the transfer destination or pick-up point. However, the evidence indicates that not all business is connected to Wexham Park hospital and actually relates to only around 50% of the business. Services are also provided to the Harefield and Hillingdon Hospitals. This means that a large part of the business gains no real geographic benefits in the location of the appeal site. 14. The business is required by Wexham Park Hospital to provide an eight-minute response time. However, there is limited evidence in regard to the assessment that was undertaken for site selection, in terms of the geographic area considered, or the technical requirements of the business. Although possible alternative sites in Iver were considered and rejected, this does not illustrate that a robust assessment has been undertaken. I am therefore unconvinced that the appeal site presents the only geographically suitable site for the proposed use. Accordingly, overall whilst the benefit of the service to the local community is significant, the specific site proposed conveys only moderate weight in support of the proposed use.

Page 3 · Chunk 8 Appeal Decision

Pinewood Nurseries, Wexham Street, Stoke Poges, SL3 6NB — Buckinghamshire Council - South Bucks Area * — Appeal Decision 15. It is recognised that the proposal offers a relatively unique set of circumstances that would be unlikely to be repeated by others elsewhere. Although special circumstances need not be rare to be successfully made, the largely unique circumstances of the proposal have been taken into account in this case. 16. Interested parties including the adjacent Hospital have offered support for the use. These note the benefits of its proximity to the adjacent hospital and the resultant convenience to patients. These comments contribute moderate weight in favour of the proposal. Whether there would be Very Special Circumstances 17. Paragraphs 143 and 144 of the Framework set out the general presumption against inappropriate development within the Green Belt. They explain that such development should not be approved except in very special circumstances. Very special circumstances to justify inappropriate development will not exist unless the potential harm to the Green Belt, by reason of https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 9 Appeal Decision

Pinewood Nurseries, Wexham Street, Stoke Poges, SL3 6NB — Buckinghamshire Council - South Bucks Area * — Appeal Decision Appeal Decision APP/N0410/W/21/3268337 inappropriateness, and any other harm, is clearly outweighed by other considerations. 18. I have concluded that the appeal scheme would not preserve the openness of the Green Belt and would result in encroachment into the Green Belt. The proposal would therefore be inappropriate development that would, by definition, harm the Green Belt. Paragraph 144 of the Framework requires substantial weight to be given to any harm to the Green Belt. 19. On the other hand, the other considerations identified, including the public benefit of the delivery of a convenient service for attendees of the adjacent hospital, are benefits of only limited to moderate weight in favour of the proposal. 20. As such the harm to the Green Belt is not clearly outweighed by the other considerations identified and therefore the very special circumstances, necessary to justify the development, either alone or in combination, do not exist. Accordingly, the proposal fails to adhere to the local and national Green Belt policies I have already outlined. Conclusion 21. The proposed development would not accord with the development plan or national policy in relation to Green Belt.

Page 4 · Chunk 10 Appeal Decision

Pinewood Nurseries, Wexham Street, Stoke Poges, SL3 6NB — Buckinghamshire Council - South Bucks Area * — Appeal Decision There are no other considerations which outweigh these findings. Accordingly, for the reasons given, the appeal should not succeed.

Page 4 · Chunk 11 Mr Ben Plenty

Pinewood Nurseries, Wexham Street, Stoke Poges, SL3 6NB — Buckinghamshire Council - South Bucks Area * — Mr Ben Plenty INSPECTOR https://www.gov.uk/planning-inspectorate 4

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Green belt
Against appellant
¶4-7

The site is within the Metropolitan Green Belt, and the proposed use would be a material change of use that would harm the openness of the Green Belt and result in encroachment into agricultural land, contrary to local and national policies.

Green belt
Against appellant
¶9-10

The proposed use would have a moderately harmful impact on the openness of the Green Belt, and would result in an intrusion of activity into the Green Belt.

Other
Against appellant
¶18-19

The harm to the Green Belt is not clearly outweighed by the other considerations identified, and therefore the very special circumstances necessary to justify the development do not exist.

Policies relied on

Reference Weight
NPPF 143-144
Substantial
Local Plan D1 (GB1)
Moderate

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 4 pages, issued by the Planning Inspectorate on 5 July 2021 under the Open Government Licence.