Case 3271881

Land North of Manchester Road, Astley, Wigan, WN7 2ND

Wigan Metropolitan Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
15 July 2021
Authority
Wigan Metropolitan Borough Council
Inspector
Ellison H
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr Geoffrey Clark
Agent
Clark Planning Consultants Ltd
LPA reference
A/20/90415/FULL
ONS LPA code
E08000010
Jurisdiction
Transferred
Link status
Not Linked
Start date
26 April 2021

Summary AI

The appeal for a stables and tack room development in the Green Belt was dismissed due to concerns about the openness and character of the area. The proposal would introduce substantial built form and harm the rural character and appearance of the area.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Land North of Manchester Road, Astley, Wigan, WN7 2ND — Wigan Metropolitan Borough Council — Appeal Decision Site visit made on 22 June 2021 by Hannah Ellison BSc (Hons) MSc MRTPI Decision by R C Kirby BA(Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 15 July 2021 Appeal Ref: APP/V4250/W/21/3271881 Land north of Manchester Road, Astley, Wigan • 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 Geoffrey Clark against the decision of Wigan Metropolitan Borough Council. • The application Ref A/20/90415/FULL, dated 10 November 2020, was refused by notice dated 25 January 2021. • The development proposed is the erection of 5 stables, tack room, feed store, W.C/washroom and access drive. Decision 1. The appeal is dismissed. 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. Main Issues 3.

Page 1 · Chunk 1 Appeal Decision

Land North of Manchester Road, Astley, Wigan, WN7 2ND — Wigan Metropolitan Borough Council — Appeal Decision The main issues in this case are: • Whether the proposal would be inappropriate development in the Green Belt; • The effect of the proposal on the character and appearance of the area; and • If found to be inappropriate development, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations and if so, whether this amounts to the very special circumstances required to justify the proposal. Reasons for the Recommendation Whether inappropriate development 4. The appeal site is located in the Green Belt where Policy CP8 of the Wigan Local Plan Core Strategy (September 2013) (the CS) notes that development will only be allowed in accordance with national planning policy. Paragraph 145 of the National Planning Policy Framework (the Framework) establishes that the construction of new buildings is inappropriate development in the Green Belt unless it meets a number of exceptions.

Page 1 · Chunk 2 Appeal Decision

Land North of Manchester Road, Astley, Wigan, WN7 2ND — Wigan Metropolitan Borough Council — Appeal Decision The proposed development would be subject to the exception in paragraph 145 b) which concerns the provision of appropriate facilities (in connection with the existing use of land or a change of use) for outdoor sport, outdoor recreation, cemeteries and burial grounds and https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Land North of Manchester Road, Astley, Wigan, WN7 2ND — Wigan Metropolitan Borough Council — Appeal Decision The proposed development would be subject to the exception in paragraph 145 b) which concerns the provision of appropriate facilities (in connection with the existing use of land or a change of use) for outdoor sport, outdoor recreation, cemeteries and burial grounds and https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Land North of Manchester Road, Astley, Wigan, WN7 2ND — Wigan Metropolitan Borough Council — Appeal Decision Appeal Decision APP/V4250/W/21/3271881 allotments; as long as the facilities preserve the openness of the Green Belt and do not conflict with the purposes of including land within it. 5. Therefore, to ascertain whether or not the proposal would be inappropriate development, an assessment of its effect on openness and the purposes of including the site within the Green Belt is required. 6. Paragraph 133 of the Framework states that a fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open; the essential characteristics of Green Belts are their openness and their permanence. When applying the concept of openness to the particular facts of a case, a number of factors are capable of being relevant, and openness might have a spatial as well as a visual aspect. 7. The appeal site is part of a large open field on the north side of Manchester Road which lacks buildings or other development. The proposed development would introduce substantial built form where currently no buildings exist and the hardstanding comprising of the access road and areas around the buildings would further increase the total amount of development within the site. 8.

Page 2 · Chunk 5 Appeal Decision

Land North of Manchester Road, Astley, Wigan, WN7 2ND — Wigan Metropolitan Borough Council — Appeal Decision In visual terms, the existing landscaping along the western and southern boundaries would provide a degree of screening of the proposal when viewed on the approach to the site from the west. However, due to the proposal’s siting close to the highway and at a point where the boundary treatment is less extensive, it would be highly visible from the public realm immediately adjacent to the site. Although further landscaping could be introduced, the development would also be readily apparent through the proposed access point on the approach to the site from the east. 9. The nearby cemetery, appeal site and the surrounding fields on the northern side of the highway, along with the field directly opposite the appeal site on the southern side of Manchester Road, create a clear visual break and separation between the built-up areas of Leigh and Astley. Given the location of the appeal site, the proposed development would result in a clear encroachment into the countryside and would contribute to the merging of two built up areas. 10. For these reasons, the proposal would fail to preserve the openness of the Green Belt and it would conflict with two of its purposes.

Page 2 · Chunk 6 Appeal Decision

Land North of Manchester Road, Astley, Wigan, WN7 2ND — Wigan Metropolitan Borough Council — Appeal Decision As such, it would not fall within exception 145 b) of the Framework, or any other exception in paragraphs 145 or 146, and therefore constitutes inappropriate development in the Green Belt. For the same reasons the proposal would also conflict with Policy CP8 of the CS. Character and appearance 11. The appeal site and wider field is a large expanse of open, undeveloped land. It contributes positively to the rural character of this stretch of Manchester Road between the built-up areas of Leigh and Astley. 12. It is acknowledged that stables are characteristic features of the countryside and the proposed buildings would be screened to an extent and would be a modest design that reflects their equestrian use. However, the appeal site is predominantly open, and the proposal would be sited close to the highway and have extensive coverage, including the access road and surface around the buildings. As such, this proposal would appear as an intrusive and prominent addition in the wider open landscape and would therefore cause adverse harm https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

Land North of Manchester Road, Astley, Wigan, WN7 2ND — Wigan Metropolitan Borough Council — Appeal Decision Appeal Decision APP/V4250/W/21/3271881 to the open, undeveloped rural character and appearance of this part of the street scene. The use of alternative materials would not overcome these concerns. 13. Accordingly, the proposal would harm the rural character and appearance of the area, thus would conflict with Policy CP10 of the CS which seeks to ensure that development respects the character and identity of its locality in terms of its siting, size and scale, amongst other things. Other considerations 14. My attention has been drawn to previous approvals at a nearby location. Whilst the proposed stable development in the examples may be of a greater scale than the appeal proposal, taking into consideration the associated access track, I note that the sites are set close to and relate to existing surrounding built development. In terms of the proposed dwelling, I note that it was considered as limited infilling in a village. As such, based on the information before me, the examples are read within a different context to the appeal proposal thus the circumstances are not directly comparable and do not therefore serve to justify the proposal. 15.

Page 3 · Chunk 8 Appeal Decision

Land North of Manchester Road, Astley, Wigan, WN7 2ND — Wigan Metropolitan Borough Council — Appeal Decision It is acknowledged that the siting of the proposed development addresses land stability concerns raised by the Coal Authority, in terms of the location of coal fissures. I also note that no concerns have been raised with regards to the proposed access or the living conditions of nearby residents. Be that as it may, these are neutral matters that do not overcome the concerns I have found above. Whether very special circumstances exist 16. The Framework states that inappropriate development is harmful to the Green Belt and should not be approved except in very special circumstances. Very special circumstances will not exist unless the potential harm to the Green Belt by way of inappropriateness, and any other harm, is clearly outweighed by other considerations. 17. The proposal would constitute inappropriate development in the Green Belt and would cause harm to its openness, to which substantial weight is given. I have also found that the proposal would harm the character and appearance of the area, which I afford considerable weight. 18. Therefore, the advanced considerations in support of the appeal do not clearly outweigh the harm I have identified.

Page 3 · Chunk 9 Appeal Decision

Land North of Manchester Road, Astley, Wigan, WN7 2ND — Wigan Metropolitan Borough Council — Appeal Decision Consequently, the very special circumstances necessary to justify the development do not exist. Conclusion and Recommendation 19. There are no material considerations that indicate the decision should be made other than in accordance with the development plan. Therefore, for the reasons given above, I recommend that the appeal should be dismissed.

Page 3 · Chunk 10 H Ellison

Land North of Manchester Road, Astley, Wigan, WN7 2ND — Wigan Metropolitan Borough Council — H Ellison APPEAL PLANNING OFFICER https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/V4250/W/21/3271881 Inspector’s Decision 20. I have considered all the submitted evidence and the Appeal Planning Officer’s report and, on that basis, I agree that the appeal should be dismissed.

Page 4 · Chunk 11 R C Kirby

Land North of Manchester Road, Astley, Wigan, WN7 2ND — Wigan Metropolitan Borough Council — R C Kirby 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

The proposed development would fail to preserve the openness of the Green Belt and would conflict with two of its purposes, as stated in Policy CP8 of the Wigan Local Plan Core Strategy and paragraph 145 of the National Planning Policy Framework.

Character and appearance
Against appellant
¶11-12

The proposed development would appear as an intrusive and prominent addition in the wider open landscape and would cause adverse harm to the open, undeveloped rural character and appearance of the area.

Policies relied on

Reference Weight
Policy CP8 of the Wigan Local Plan Core Strategy
Substantial
Paragraph 145 of the National Planning Policy Framework
Substantial
Policy CP10 of the CS
Substantial

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 15 July 2021 under the Open Government Licence.