Hammond Farm, Whaddon Road, Newton Longville, MK17 0AU

Hammond Farm, Whaddon Road, Newton Longville, MK17 0AU — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Site Visit made on 21 June 2021 by Martin Chandler BSc, MA, MRTPI an Inspector appointed by the Secretary of State Decision date: 25 August 2021 Appeal Ref: APP/J0405/W/21/3271894 Hammond Farm, Whaddon Road, Newton Longville, MK17 0AU • 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 Simon Varlow against the decision of Buckinghamshire Council - North Area (Aylesbury). • The application Ref 20/03148/APP, dated 9 September 2020, was refused by notice dated 9 November 2020. • The development proposed is Change of use to B1 (business) and B8 (storage) uses. Decision 1. The appeal is allowed and planning permission is granted for Change of use to B1 (business) and B8 (storage) uses at Hammond Farm, Whaddon Road, Newton Longville, MK17 0AU in accordance with the terms of the application, Ref 20/03148/APP, dated 9 September 2020, subject to the conditions in the attached schedule. Preliminary Matters 2. The proposed development is currently in operation. However, this has had no bearing on my assessment of the appeal, which I have assessed solely on the merits of the proposal. 3.

Hammond Farm, Whaddon Road, Newton Longville, MK17 0AU — Buckinghamshire Council - Aylesbury Area * — Appeal Decision In addition, following the submission of the appeal, a revised National Planning Policy Framework (the Framework) was published. The parties have been consulted in relation to this matter and any comments received have been factored into my assessment of the appeal. Main Issue 4. The main issue is whether the appeal site is suitable for the development proposed, having regard to both local and national policy. Reasons 5. Saved Policy RA.11 of the Aylesbury Vale District Local Plan (2004) (LP) endorses the re-use of buildings that are of permanent and substantial construction and which are generally in keeping with their rural surroundings. Accordingly, the Council are satisfied that the re-use of Buildings 1 and 2 for the purposes proposed would be entirely compliant with local and national policy. Based on the evidence before me, I have no reason to disagree with this. 6. However, Saved Policy RA.29 of the LP seeks to resist proposals for new employment buildings and for the expansion of established employment sites https://www.gov.uk/planning-inspectorate

Hammond Farm, Whaddon Road, Newton Longville, MK17 0AU — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Appeal Decision APP/J0405/W/21/3271894 into the countryside. Although, the policy also confirms that such proposals may be supported if they are not out of keeping with the characteristics of the locality. 7. The LP was adopted in 2004 and it therefore substantially pre-dates the Framework. Paragraph 81 of the Framework confirms that ‘Planning policies and decisions should help create the conditions in which businesses can invest, expand and adapt. Significant weight should be placed on the need to support economic growth and productivity, taking into account both local business needs and wider opportunities for development.’ In addition, with specific reference to supporting a prosperous rural economy, Paragraph 84 states that policies and decisions should enable the sustainable growth and expansion of all types of business in rural areas, both through conversion of existing buildings and well-designed new buildings. 8. In my judgement, despite the age of local policy, I am broadly satisfied that it has a similar aim to the Framework. Although Saved Policy RA.29 starts as a restrictive policy, it does confirm that proposals could be supported if they are compatible with the characteristics of the locality.

Hammond Farm, Whaddon Road, Newton Longville, MK17 0AU — Buckinghamshire Council - Aylesbury Area * — Appeal Decision The Framework is certainly less restrictive, but the key aspect that is entirely consistent with both local and national policy relates to the nature of the proposal and its visual impact on the surroundings. 9. The appeal site represents a large, broadly rectangular parcel of land located within a rural location. It is physically and visually removed from the neighbouring settlement to the east and is bounded by fields on either side when viewed from the road. The site is enclosed by mature vegetation, including tall trees, however, views of the site can be achieved from the main road, particularly across the vehicular access. Buildings 1 and 2 are metal clad structures that although have a somewhat industrial appearance, they also have the appearance of functional agricultural buildings. When coupled with the existing stable building, the cluster of buildings are appropriate in form, scale and appearance with the rural setting. 10. The shipping containers would be substantially set back from the road and individually, they would also be low-rise in comparison to the larger buildings on the site. However, cumulatively, they would create a wide mass when viewed from the road.

Hammond Farm, Whaddon Road, Newton Longville, MK17 0AU — Buckinghamshire Council - Aylesbury Area * — Appeal Decision The buildings would also be entirely utilitarian in their appearance and simply placed on the site in an abrupt manner, rather than responding to the rural surroundings. They would provide functional storage space but would not benefit from the agricultural form that the existing buildings benefit from, and which complement the surroundings. Accordingly, due to their harsh albeit practical appearance, the containers would be in sharp contrast to the rural surroundings in which they would be situated. 11. Although the existing vegetation could be strengthened, I agree with the Council that this might not be an entirely permanent screening strategy. Moreover, the fact that a proposal should be screened fundamentally implies that it would not be complementary to its surroundings. In my judgement therefore, despite not being highly visible, the proposed shipping containers would fail to be well-designed new buildings and they would not be in keeping with the characteristics of the locality. I note the reference to the site within the Housing and Economic Land Availability Assessment, however, this does not alter my findings on the main issue. https://www.gov.uk/planning-inspectorate 2

Hammond Farm, Whaddon Road, Newton Longville, MK17 0AU — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Appeal Decision APP/J0405/W/21/3271894 12. Consequently, having regard to local and national policy, the appeal site would not be suitable for the development proposed. However, by their very nature, the shipping containers would be temporary and their location on the site could be easily reversed. The evidence before me confirms that the appellant would accept a decision which omitted the shipping containers from the proposal. For the reasons identified above, this would be a necessary requirement to enable the appeal to be successful, and I am satisfied that such a condition would meet the requirements of the Framework. Accordingly, subject to such a restriction, my overall conclusion is that the appeal site would be suitable for the amended form of development. On this basis, the proposal would comply with Policies RA29, GP.35 and GP38 of the LP, and Policies C1, D6, BE2, and NE4 of the emerging Vale of Aylesbury Local Plan. Taken together, and amongst other things, these establish the requirements for commercial development in the countryside, and require development which respects and complements the physical characteristics of the site and its surroundings. Conditions 13.

Hammond Farm, Whaddon Road, Newton Longville, MK17 0AU — Buckinghamshire Council - Aylesbury Area * — Appeal Decision In light of my findings set out above, condition 1 is necessary to ensure the removal of the shipping containers, and condition 2 is necessary to ensure that storage is contained within the buildings that this permission relates to. Due to the sensitivities of the site and its location, I am satisfied that sufficient justification exists to restrict permitted development rights. Condition 4 is necessary to ensure a suitable landscaping scheme for the development, and conditions 5, 6, and 7 are necessary in the interests of highway safety, and to improve the site access for larger vehicles. 14. In their suggested conditions, the Council state that where work is necessary, it should take place within 3 months of the date of the decision. However, I find that the extent of the work is relatively substantial and consequently, in my judgement, 6 months represents a more reasonable timeframe. Accordingly, I have amended the suggested conditions where necessary. 15. I also note the suggested conditions from an interested party regarding light pollution and noise.

Hammond Farm, Whaddon Road, Newton Longville, MK17 0AU — Buckinghamshire Council - Aylesbury Area * — Appeal Decision However, due to the distance between the appeal site and the nearest residential property, I am satisfied that such restrictions are not necessary, and I note that the Council concluded in a similar manner. Conclusion 16. For the reasons identified above, and subject to the attached conditions, the appeal is allowed.

Hammond Farm, Whaddon Road, Newton Longville, MK17 0AU — Buckinghamshire Council - Aylesbury Area * — Martin Chandler INSPECTOR https://www.gov.uk/planning-inspectorate 3

Hammond Farm, Whaddon Road, Newton Longville, MK17 0AU — Buckinghamshire Council - Aylesbury Area * — Martin Chandler INSPECTOR https://www.gov.uk/planning-inspectorate 3

Hammond Farm, Whaddon Road, Newton Longville, MK17 0AU — Buckinghamshire Council - Aylesbury Area * — Martin Chandler Appeal Decision APP/J0405/W/21/3271894 SCHEDULE OF CONDITIONS 1) Within 6 months from the date of this permission, the shipping containers shall be removed from the site. 2) No goods, plant or materials shall be deposited or stored outside the buildings on the site. 3) Notwithstanding the provision of the Town and Country Planning (General Permitted Development) (England) Order 2015 or any order revoking or re- enacting that Order with or without modification) no extension or alteration, or change of use shall take place other than that expressly authorised by this permission. 4) Within 6 months from the date of this permission, full details of soft landscape works shall have been submitted to the Local Planning Authority for approval in writing. Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate providing for a hedge and tree screening on the eastern side of the site. The planting shall be carried out within before the end of the first planting season following occupation of the first of the buildings.

Hammond Farm, Whaddon Road, Newton Longville, MK17 0AU — Buckinghamshire Council - Aylesbury Area * — Martin Chandler 5) Within 6 months of from the date of this permission space shall be laid out within the site for parking and manoeuvring in accordance with the approved plans. This area shall be permanently maintained for this purpose. 6) Within 6 months of from the date of this permission the existing access shall be upgraded in accordance with Buckinghamshire County Council’s guidance note, “Commercial Vehicular Access within Highway Limits”. For the avoidance of doubt the access shall be upgraded from the edge of the carriageway to a point 20 metres back and for a width of 5.5 metres. 7) Within 6 months of from the date of this permission a visibility splay will need to be provided on the east side of the access between a point 2.4 metres along the centre line of the access measured from the edge of the carriageway and a point 70 metres along the edge of the carriageway measured from the intersection of the centre line of the access. The area contained within the splays shall be kept free of any obstruction exceeding 0.6m in height above the nearside channel level of the carriageway and the hedgerow shall be maintained at all times to achieve this splay. https://www.gov.uk/planning-inspectorate 4