Case 3270690

The Chymes, Westbrook, GILLINGHAM, SP8 5DT

Dorset — appeal dismissed

Outcome
Dismissed
Decision date
6 July 2021
Authority
Dorset
Inspector
Edwards S
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr Mark White
LPA reference
2/2020/1301/FUL
ONS LPA code
E06000059
Jurisdiction
Transferred
Link status
Not Linked
Start date
15 April 2021

Summary AI

The appeal to convert a redundant agricultural building into a dwelling was dismissed due to concerns over the site's suitability for residential development, its impact on the rural character and appearance of the area, and its conflict with local and national planning policies.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

The Chymes, Westbrook, GILLINGHAM, SP8 5DT — Dorset — Appeal Decision Site Visit made on 1 June 2021 by S Edwards BA MA MRTPI an Inspector appointed by the Secretary of State Decision date: 06 July 2021 Appeal Ref: APP/D1265/W/21/3270690 The Chymes, Westbrook Road, Gillingham SP8 5DT • 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 Mark White against the decision of Dorset Council. • The application Ref 2/2020/1301/FUL, dated 15 September 2020, was refused by notice dated 8 January 2021. • The development proposed is ‘Convert redundant agricultural building into 1 No. dwelling’. Decision 1. The appeal is dismissed. Main Issues 2. The main issues are: • whether the site constitutes a suitable location for the proposal, having regard to local and national planning policies which seek to restrict residential development in the countryside; and • the effect of the development on the rural character and appearance of the area. Reasons Location 3. The appeal site forms part of an agricultural holding located on the edge of Lower Langham, approximately one mile west of Gillingham.

Page 1 · Chunk 1 Appeal Decision

The Chymes, Westbrook, GILLINGHAM, SP8 5DT — Dorset — Appeal Decision It comprises a large timber-clad building with a plain clay tiled pitched roof, and a dilapidated tumbledown shed, which are to some extent screened by the surrounding vegetation. The site is accessed by Green Lane, a leafy and largely unmade track. 4. Policy 2 of the North Dorset Local Plan Part 11 (LPP1) sets out the area’s spatial strategy. It identifies Blandford, Gillingham, Shaftesbury and Sturminster Newton as the four main towns to accommodate the vast majority of housing and other development, whilst Stalbridge and larger villages will be the focus for growth to meet the local needs outside the four main towns. 1 January 2016. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 2 Appeal Decision

The Chymes, Westbrook, GILLINGHAM, SP8 5DT — Dorset — Appeal Decision It comprises a large timber-clad building with a plain clay tiled pitched roof, and a dilapidated tumbledown shed, which are to some extent screened by the surrounding vegetation. The site is accessed by Green Lane, a leafy and largely unmade track. 4. Policy 2 of the North Dorset Local Plan Part 11 (LPP1) sets out the area’s spatial strategy. It identifies Blandford, Gillingham, Shaftesbury and Sturminster Newton as the four main towns to accommodate the vast majority of housing and other development, whilst Stalbridge and larger villages will be the focus for growth to meet the local needs outside the four main towns. 1 January 2016. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 3 Appeal Decision

The Chymes, Westbrook, GILLINGHAM, SP8 5DT — Dorset — Appeal Decision Appeal Decision APP/D1265/W/21/3270690 5. For planning policy purposes, the appeal site lies in the countryside where, as detailed in Policy 2, development will be strictly controlled unless it is required to enable essential rural needs to be met. Overall, I ascribe significant weight to the Council’s spatial strategy which, insofar as is relevant to this appeal, is in broad conformity with national policy, by seeking to focus development in accessible locations to reduce the need to travel using private motor vehicles. 6. The main appeal building has been used as part of an apiary enterprise, which has recently ceased. The appellant considers that the building has now become redundant and therefore seeks to convert it into a dwellinghouse. Policy 29 of the LPP1 permits the re-use of an existing building in the countryside, subject to a number of criteria being fulfilled. This policy supports the re-use of existing buildings for economic development or community purposes, and seeks to prevent the creation of new isolated dwellings in the countryside, unless there are special circumstances. 7.

Page 2 · Chunk 4 Appeal Decision

The Chymes, Westbrook, GILLINGHAM, SP8 5DT — Dorset — Appeal Decision Whilst the appeal structure may no longer be required by the appellant for apicultural purposes, this does not mean that it has become redundant or disused, and does not prevent the building from being used as part of an agricultural enterprise, for economic development or community purposes. On the basis of the available evidence before me, the appeal scheme would not fall within the types of development which are considered appropriate in the countryside, and it would not fulfil the ‘overriding need’ envisaged by Policy 20 of the LPP1. 8. The appeal site is largely surrounded by open fields and is located some distance away from the hamlet of Lower Langham and the town of Gillingham. The proposal would therefore result in the creation of a dwelling which would be physically separate or remote from the nearest settlement. In that regard, it is also of note that the closest residential properties are distinctly separated from the appeal site by intervening fields and tree belts. 9. The road network reflects the rural character of the area. Roads are generally narrow and unlit, and do not include footways.

Page 2 · Chunk 5 Appeal Decision

The Chymes, Westbrook, GILLINGHAM, SP8 5DT — Dorset — Appeal Decision Whilst there are a number of footpaths in the area, I find it unlikely that, for the vast majority of trips, future occupiers would use alternative modes of transport to the private car to access most everyday facilities and services. 10. Consequently, the appeal site would not represent a suitable location for residential development, having regard to local and national planning policies which seek to restrict residential development in the countryside, particularly as the new dwelling would be at some distance from existing settlements. The proposal would therefore conflict with Policies 1, 2 and 20 of the LPP1, which set out a presumption in favour of sustainable development and seek to protect the countryside. Character and appearance 11. The appeal building is relatively modest in scale, and its appearance reflects the rural character of the area. The proposed development includes limited external alterations to the apiculture building, and includes the renovation and reuse of the dilapidated barn as a storage/drying area.

Page 2 · Chunk 6 Appeal Decision

The Chymes, Westbrook, GILLINGHAM, SP8 5DT — Dorset — Appeal Decision The former use of the appeal premises for apiculture, which was still evident when I carried out my site visit, is consistent with the rural character of the area, and the surrounding landscape provides the site with an attractive setting. https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 7 Appeal Decision

The Chymes, Westbrook, GILLINGHAM, SP8 5DT — Dorset — Appeal Decision The former use of the appeal premises for apiculture, which was still evident when I carried out my site visit, is consistent with the rural character of the area, and the surrounding landscape provides the site with an attractive setting. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 8 Appeal Decision

The Chymes, Westbrook, GILLINGHAM, SP8 5DT — Dorset — Appeal Decision Appeal Decision APP/D1265/W/21/3270690 12. However, the incursion of residential development on the site would detract from the otherwise largely unspoilt, undisturbed character and the quiet feel which presently define Green Lane. The creation of a new turning and car parking area, together with the paraphernalia associated with a residential use, would inevitably and result in a domestication of the plot, as odds with the character of the site and its wider surroundings. 13. Whilst the development would be to some extent screened by landscaping, this would only partially mitigate against the harm from the proposal, which would be visible from the access point and more distant views. In reaching this view, I note that the size of the garden has been reduced and I have taken into consideration the various suggestions made by the parties, notably in respect of the renovation of the shed, removal of redundant agricultural equipment, additional planting and lighting measures. However, these measures would not outweigh my concerns in respect of the harm caused by the proposal.

Page 3 · Chunk 9 Appeal Decision

The Chymes, Westbrook, GILLINGHAM, SP8 5DT — Dorset — Appeal Decision Permitted development rights could be restricted, but this could only limit the sprawling domestication of the site, rather than address the harm resulting from the conversion of the appeal building to residential use itself. 14. For the foregoing reasons, I find that the proposed development would have an adverse effect on the rural character and appearance of the area. Subsequently, it would be contrary to Policies 1, 4, 20, 24 and 29 of the LPP1, as well as paragraphs 127 and 130 of the Framework. Amongst other things, these seek to ensure that the re-use of existing buildings in the countryside would enhance their immediate setting, and development proposals are designed to improve the character and quality of the area within which they are located. Other Matters 15. The Council is presently unable to demonstrate a five-year supply of deliverable housing sites. Whilst limited evidence has been presented regarding the extent of the shortfall, the Council’s submissions suggest that it only has four years of housing land supply.

Page 3 · Chunk 10 Appeal Decision

The Chymes, Westbrook, GILLINGHAM, SP8 5DT — Dorset — Appeal Decision In such circumstances, paragraph 11d) of the Framework states that the policies which are most important for determining the application should be considered out-of-date, and planning permission should be granted, unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole. 16. In this particular instance, the policies which are most important for determining the application are Policies 1, 2, 20, 24 and 29 of the LPP1. As noted above, these policies are considered to broadly accord with the Framework, by focusing development to the most sustainable and accessible parts of North Dorset, and protecting the intrinsic character and beauty of the countryside. Taking into account their degree of consistency with the Framework, I find that this basket of the most important policies for the determination of this appeal, taken as a whole, is not out-of-date, and the tilted balance set out in paragraph 11d) is therefore not engaged in this instance. Planning Balance and conclusion 17. The proposed development would make a contribution to housing supply and choice in the area, and support the economy to some degree.

Page 3 · Chunk 11 Appeal Decision

The Chymes, Westbrook, GILLINGHAM, SP8 5DT — Dorset — Appeal Decision However, as https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/D1265/W/21/3270690 detailed above, I have found that the proposal would not constitute a sustainable form of development and would adversely affect the rural character and appearance of the area. The benefits of the proposal would not outweigh the harm identified, and there are no considerations which indicate that the appeal should be determined, other than in accordance with the development. I conclude that the appeal should be dismissed.

Page 4 · Chunk 12 S Edwards

The Chymes, Westbrook, GILLINGHAM, SP8 5DT — Dorset — S Edwards 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
¶5

The site lies in the countryside, where development will be strictly controlled unless it is required to enable essential rural needs to be met.

Character and appearance
Against appellant
¶12

The incursion of residential development would detract from the otherwise largely unspoilt, undisturbed character and the quiet feel which presently define Green Lane.

Policies relied on

Reference Weight
LPP1 1, 2, 20, 24, 29
Determinative

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 6 July 2021 under the Open Government Licence.