Case 3268383

Long Lane Cottage,, Long Lane , Shepherdswell, CT15 7LX

Dover District Council — appeal dismissed

Outcome
Dismissed
Decision date
7 October 2021
Authority
Dover District Council
Inspector
Davies N
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr Chris Sage
Agent
Lyondale Ltd
LPA reference
20/00791
ONS LPA code
E07000108
Jurisdiction
Transferred
Link status
Not Linked
Start date
22 April 2021

Summary AI

The appeal is dismissed due to concerns about the visual harm the proposed development would cause to the character and appearance of the countryside.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Long Lane Cottage,, Long Lane , Shepherdswell, CT15 7LX — Dover District Council — Appeal Decision Site visit made on 16 August 2021 by Nicola Davies BA DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 7 October 2021 Appeal Ref: APP/X2220/W/21/3268383 Land west of Long Lane Cottage, Long Lane, Shepherdswell CT15 7LX • 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 Chris Sage against the decision of Dover District Council. • The application Ref 20/00791, dated 21 July 2020, was refused by notice dated 23 October 2020. • The development proposed is described as the “erection of a farm building for equestrian use”. Decision 1. The appeal is dismissed. Preliminary Matters 2. A revised version of the National Planning Policy Framework (‘the Framework’) has been published since the planning application was determined by the Council. Both main parties have had the opportunity to comment on any relevant implications for the appeal. I have had regard to the Framework in reaching my decision. 3. At the time of my visit a caravan was in situ at the northern part of the appeal site albeit I have not been provided any details pertaining to the lawfulness of that caravan and its enclosing fence.

Page 1 · Chunk 1 Appeal Decision

Long Lane Cottage,, Long Lane , Shepherdswell, CT15 7LX — Dover District Council — Appeal Decision Given there is no substantive evidence before me that would indicate that development to be there with the benefit of planning permission, I must consider the proposal before me without that development having taken place. Main Issue | The main issue raised in respect of this appeal is the effect of the proposed | | --- | | development on the character and appearance of the countryside. | Reasons

Page 1 · Chunk 2 Appeal Decision

Long Lane Cottage,, Long Lane , Shepherdswell, CT15 7LX — Dover District Council — Appeal Decision Reasons | To the northeast is Long Lane Cottage and to the northwest are some farm | | --- | | related buildings. Equestrian use at land north of the appeal site has been | | established. I have been provided with the decision notice and plans relating | | to planning permission ref 18/01360 that granted planning permission for the | | equestrian development north of this appeal site. Otherwise, the site is | | surrounded by open fields and paddocks. | https://www.gov.uk/planning-inspectorate Appeal Decision APP/X2220/W/21/3268383

Page 2 · Chunk 3 Appeal Decision

Long Lane Cottage,, Long Lane , Shepherdswell, CT15 7LX — Dover District Council — Appeal Decision Appeal Decision APP/X2220/W/21/3268383 | The existing equestrian development at the site relates to land situated | | | --- | --- | | between Long Lane Cottage and the farm buildings. | | | existing equestrian complex is open and undeveloped grass land. Despite | | | being a low-rise single storey structure, the barn would be | | bofe isnugb sat alonwti-arli sseiz sei.n gTleh es tbourielty fsotrrmuc otuf rteh,e t hbea rbna wrnit hw oauslsdo cbiea ted hardsurfacing

Page 2 · Chunk 4 Appeal Decision

Long Lane Cottage,, Long Lane , Shepherdswell, CT15 7LX — Dover District Council — Appeal Decision bofe isnugb sat alonwti-arli sseiz sei.n gTleh es tbourielty fsotrrmuc otuf rteh,e t hbea rbna wrnit hw oauslsdo cbiea ted hardsurfacing | would significantly change the character and appearance of this grass land si | | --- | | and would be a visually harmful projection of built development into the | | existing open countryside landscape. Given the openness of the rural | | landscape, the visual harm arising from the proposed development would be | | clearly and prominently evident within this rural landscape and in public view | | from nearby highways and the public right of way east of the appeal site. | 7. I accept that the site is within the appellant’s ownership and may be under-

Page 2 · Chunk 5 Appeal Decision

Long Lane Cottage,, Long Lane , Shepherdswell, CT15 7LX — Dover District Council — Appeal Decision 7. I accept that the site is within the appellant’s ownership and may be under- | utilised land that could be put to more effective use. However, this does not | | --- | | justify a development that would be visually harmful. Whilst the building ma | | be designed to reflect those existing equestrian buildings north of the site, | | given its size and utilitarian form, I cannot agree with the appellant that such | | a structure would integrate functionally or visually with the surrounding open | | countryside landscape. |

Page 2 · Chunk 6 Appeal Decision

Long Lane Cottage,, Long Lane , Shepherdswell, CT15 7LX — Dover District Council — Appeal Decision | utilised land that could be put to more effective use. However, this does not | | --- | | justify a development that would be visually harmful. Whilst the building ma | | be designed to reflect those existing equestrian buildings north of the site, | | given its size and utilitarian form, I cannot agree with the appellant that such | | a structure would integrate functionally or visually with the surrounding open | | countryside landscape. | | An indoor arena would allow training of horses throughout the year as this | | --- | | activity would not be affected by weather and it would provide a quiet and | | relaxed atmosphere for horses. This would assist maintaining the regular | | fitness of the horses so as shows can be attended all year round. The |

Page 2 · Chunk 7 Appeal Decision

Long Lane Cottage,, Long Lane , Shepherdswell, CT15 7LX — Dover District Council — Appeal Decision | An indoor arena would allow training of horses throughout the year as this | | --- | | activity would not be affected by weather and it would provide a quiet and | | relaxed atmosphere for horses. This would assist maintaining the regular | | fitness of the horses so as shows can be attended all year round. The | ffiatcnielistys wofo tuhlde ahsosrissets w sioth a tsh seh torwaisn icnagn obfe y oatutnegn dheodr saelsl yaenadr wroouunldd .r e Tdhuec e the

Page 2 · Chunk 8 Appeal Decision

Long Lane Cottage,, Long Lane , Shepherdswell, CT15 7LX — Dover District Council — Appeal Decision ffiatcnielistys wofo tuhlde ahsosrissets w sioth a tsh seh torwaisn icnagn obfe y oatutnegn dheodr saelsl yaenadr wroouunldd .r e Tdhuec e the | need for travel to training shows as the barn would provide suitable | | --- | | training facilities. As such, I acknowledge that this facility would support the | | health and welfare of the sport horses. Furthermore, the proposal | | would facilitate indoor storage for horse lorries, associated | | machinery and hay/heylage that is bought in bulk and needs to be kept in dr | | storage. Whilst these are all benefits of the scheme for the appellant, these | | benefits do not overcome or outweigh my concerns relating to the proposal’s | | visual harm to the countryside, nor would these matters justify the proposed | | development. |

Page 2 · Chunk 9 Appeal Decision

Long Lane Cottage,, Long Lane , Shepherdswell, CT15 7LX — Dover District Council — Appeal Decision | need for travel to training shows as the barn would provide suitable | | --- | | training facilities. As such, I acknowledge that this facility would support the | | health and welfare of the sport horses. Furthermore, the proposal | | would facilitate indoor storage for horse lorries, associated | | machinery and hay/heylage that is bought in bulk and needs to be kept in dr | | storage. Whilst these are all benefits of the scheme for the appellant, these | | benefits do not overcome or outweigh my concerns relating to the proposal’s | | visual harm to the countryside, nor would these matters justify the proposed | | development. | development.

Page 2 · Chunk 10 Appeal Decision

Long Lane Cottage,, Long Lane , Shepherdswell, CT15 7LX — Dover District Council — Appeal Decision development. | The appellant has indicated a preference for machinery, horse boxes, and so | | --- | | on, to be locked inside a building as there has been a previous break-in at th | | existing site. Whilst this would be a security benefit of the proposed | | scheme and again a benefit for the appellant, this does not outweigh | | my concerns relating to visual harm or justify the proposed development. | my concerns relating to visual harm or justify the proposed development. 10. I have been directed to two developments that have been granted planning permission said to be similar developments in the area. From the plans provided the proposed barn garage and storage shed at Ash Road

Page 2 · Chunk 11 Appeal Decision

Long Lane Cottage,, Long Lane , Shepherdswell, CT15 7LX — Dover District Council — Appeal Decision my concerns relating to visual harm or justify the proposed development. 10. I have been directed to two developments that have been granted planning permission said to be similar developments in the area. From the plans provided the proposed barn garage and storage shed at Ash Road | Nursery related to a development between existing residential | | --- | | development. The proposal at Eastwood Manor related to an | | outline application for the erection of two detached dwellings. From the | | drawings provided both these examples appear to relate to land that is close | | related to urban settlements rather than development within the open | | countryside, which is the case of the proposal before me. Furthermore, neither | | related to equestrian development. I, therefore, consider | | the circumstances and considerations relating to those cases are quite | | different to that of the proposal before me and, as such, those examples hol | | little weight in support of this proposal. |

Page 2 · Chunk 12 Appeal Decision

Long Lane Cottage,, Long Lane , Shepherdswell, CT15 7LX — Dover District Council — Appeal Decision | Nursery related to a development between existing residential | | --- | | development. The proposal at Eastwood Manor related to an | | outline application for the erection of two detached dwellings. From the | | drawings provided both these examples appear to relate to land that is close | | related to urban settlements rather than development within the open | | countryside, which is the case of the proposal before me. Furthermore, neither | | related to equestrian development. I, therefore, consider | | the circumstances and considerations relating to those cases are quite | | different to that of the proposal before me and, as such, those examples hol | | little weight in support of this proposal. | https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 13 Appeal Decision

Long Lane Cottage,, Long Lane , Shepherdswell, CT15 7LX — Dover District Council — Appeal Decision https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/X2220/W/21/3268383 | I acknowledge that Shepherdswell Parish Council and other technical | | --- | | advisers raised no objection to the proposal and that there is some third- | | party support of the proposal. Whilst this may be so, the | | proposal needs to be considered in terms of the wider public interest. | proposal needs to be considered in terms of the wider public interest.

Page 3 · Chunk 14 Appeal Decision

Long Lane Cottage,, Long Lane , Shepherdswell, CT15 7LX — Dover District Council — Appeal Decision proposal needs to be considered in terms of the wider public interest. | For these reasons, I conclude that the proposed development would be harmful | | --- | | to the character and appearance of the countryside. The proposal would, | | therefore, conflict with Policies DM15 and DM16 of the Dover District Core | | Strategy and Saved Policy DD21 of the Dover District Local Plan. These | | policies seek, amongst other matters, the protection of the countryside and to | | resist development, including equestrian activities, that would adversely affect | | the character and appearance of the countryside. | Conclusion 13. For the reasons given above I conclude that the appeal should be dismissed.

Page 3 · Chunk 15 Nicola Davies

Long Lane Cottage,, Long Lane , Shepherdswell, CT15 7LX — Dover District Council — Nicola Davies INSPECTOR https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Character and appearance
Against appellant
¶7

The development would be visually harmful and would change the character of the grass land site, despite being designed to reflect existing equestrian buildings in the area.

Living conditions
Neutral
¶null

null

Heritage impact
Neutral
¶null

null

Highway safety
Neutral
¶null

null

Parking
Neutral
¶null

null

Green belt
Neutral
¶null

null

Housing land supply
Neutral
¶null

null

Flood risk
Neutral
¶null

null

Ecology and biodiversity
Neutral
¶null

null

Trees and landscape
Neutral
¶null

null

Agricultural land
Neutral
¶null

null

Affordable housing
Neutral
¶null

null

Planning obligations
Neutral
¶null

null

Conditions
Neutral
¶null

null

External appearance
Neutral
¶null

null

Other
Neutral
¶null

null

Policies relied on

Reference Weight
DM15, DM16, DD21
Determinative

Site constraints from the Casework Database

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

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 7 October 2021 under the Open Government Licence.