Manor Farm,, Hannington Lane, Walgrave, NN6 9QG
Daventry District Council * — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 13 January 2022
- Authority
- Daventry District Council *
- Inspector
- Radcliffe I
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Mr and Mrs L Hornby
- Agent
- Barry Waine Planning
- LPA reference
- DA/2020/1118
- ONS LPA code
- E07000151
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 9 September 2021
Summary AI
The appeal for a single dwelling in a rural village was dismissed due to the proposed development's impact on the area's character and appearance. The proposed house was deemed to be a poor pastiche that would unduly urbanise the site and harm its openness. The development was also found to conflict with the development plan's spatial strategy and policies related to high-quality design.
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Manor Farm,, Hannington Lane, Walgrave, NN6 9QG — Daventry District Council * — Appeal Decision Site Visit made on 23 November 2021 by Ian Radcliffe BSc(Hons) MRTPI MCIEH DMS an Inspector appointed by the Secretary of State Decision date: 13th January 2022 Appeal Ref: APP/Y2810/W/21/3272118 Manor Farm, Hannington Lane, Walgrave, Northamptonshire NN6 9QG • 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 and Mrs L Hornby against the decision of Daventry District Council. • The application Ref DA/2020/1118, dated 8 December 2020, was refused by notice dated 11 March 2021. • The development proposed is the erection of a single dwelling. Decision 1. The appeal is dismissed. Preliminary Matters 2. On 1 April 2021, Daventry District Council, Northampton Borough Council and South Northampton District Council merged to form West Northamptonshire Council. By virtue of Regulation 26 of The Local Government (Boundary Changes) Regulations 2018 the extant development plan for Daventry District has effect as if adopted by the new Unitary Authority. I have determined the appeal on this basis. 3.
Manor Farm,, Hannington Lane, Walgrave, NN6 9QG — Daventry District Council * — Appeal Decision I wrote to West Northamptonshire Council asking whether the strategic housing policies for Daventry had been reviewed within the last 5 years in accordance with the advice in Planning Practice Guidance1 (PPG). In response the Council provided the West Northamptonshire Land Supply Position Statement which the appellant was invited to comment on. I have taken this Statement and any comments received into account in the determination of the appeal. Main Issues 4. The main issues in this appeal are: • whether the proposed development would comply with the spatial strategy of the development plan for housing; and, • the effect of the proposal on the character and appearance of the area. Reasons Location of development 5. Applications for planning permission are determined in accordance with the development plan unless material considerations indicate otherwise. The development plan for the area includes the West Northamptonshire Joint Core 1 Paragraph: 025 Reference ID: 68-025-20190722 - How is 5 year housing land supply calculated in new local planning authorities which result from a local government reorganisation? https://www.gov.uk/planning-inspectorate
Manor Farm,, Hannington Lane, Walgrave, NN6 9QG — Daventry District Council * — Appeal Decision Appeal Decision APP/Y2810/W/21/3272118 Strategy Local Plan (Part 1) (WNJCS) that was adopted in 2014 and the Settlements and Countryside Local Plan (Part 2) for Daventry District (‘Local Plan Part 2’) which was adopted in 2020. The National Planning Policy Framework (‘the Framework’) is also an important material consideration. 6. Of the various development plan policies cited I consider policies S1, S3 and R1 of the WNJCS and policy RA2 of the Local Plan Part 2 to be the most relevant to this issue. 7. Policy S1 of the WNJCS establishes a settlement hierarchy which focuses new development on the main towns. Development is to be primarily concentrated in Northampton, with appropriate development in Daventry and development in Towcester and Brackley. The appeal site is located within the village of Walgrave. In rural areas, where Walgrave and almost 190 other villages and hamlets are located, a need for limited development is recognised. Amongst other matters, policy S1 requires that new development in rural areas maintains the distinctive character and vitality of rural communities. Policy S3 of the WNJCS identifies the housing requirement for Daventry District and a rural requirement of about 2,360 dwellings. 8.
Manor Farm,, Hannington Lane, Walgrave, NN6 9QG — Daventry District Council * — Appeal Decision The strategic housing requirement policies for Daventry were reviewed in January 2020 and were found not to need updating. As a result, in accordance with PPG referred to in preliminary matters, policy S3 and the figures it contains can continue to be used as the housing requirement for the area this predecessor authority covers. 9. Policy R1 of the WNJCS contains the spatial strategy for the rural areas. The distribution of housing is guided by a rural settlement hierarchy detailed in the Local Plan Part 2. Policy RA2 of the Local Plan Part 2 relates to Secondary Service Villages, such as Walgrave, and its justified reasoning notes that as the rural requirement has been met the plan does not contain any further allocations for housing in these villages. As a result, policy R1 of the WNJCS only permits further housing development in four situations. 10. It forms no part of the appellant’s case that local services are under threat that would be supported if the proposed house was built. The proposal could therefore not be permitted via the first of the four routes provided by policy R1.
Manor Farm,, Hannington Lane, Walgrave, NN6 9QG — Daventry District Council * — Appeal Decision Given that the site is not a rural exceptions site, and no Neighbourhood Plan has been adopted for the village, these avenues to policy R1 compliance are also unavailable. The last route is where the proposal would result in environmental improvements on the site. This is matter that I shall consider in the next main issue. 11. The appellant states that the South Northamptonshire Local Plan has set aside the requirement for new development in rural areas to comply with any of these four criteria in policy R1. However, that is not the case with the Local Plan Part 2 in Daventry and the development plan that applies to assessing planning applications that fall within its area. Character and appearance 12. Of the various development plan policies cited, in addition to policies R1 and S1 of the WNJCS, I consider policy S10 of the WNJCS and policies SP1(G), RA2(C) and ENV10 of the Local Plan Part 2 to be the most relevant to this issue. These policies require the protection of the character and appearance of a locality through high quality design that respects local design features. https://www.gov.uk/planning-inspectorate 2
Manor Farm,, Hannington Lane, Walgrave, NN6 9QG — Daventry District Council * — Appeal Decision Appeal Decision APP/Y2810/W/21/3272118 13. Walgrave is a rural village surrounded by open countryside. One of the focal points in the village is Lower Green, a triangular green containing the settlement’s war memorial where three roads converge. Located around the green, set back behind stone walls and boundary planting, are a variety of mature detached, stone built houses and plainer, late twentieth century, brick built dwellings. The appeal site, which is lawned garden with tall trees along its boundary with Hannington Lane, encloses most of the eastern side of the green. In views from the west from Lower Green the appeal site forms an open backdrop and in views on the approach to the village from the south its openness is readily apparent. 14. In two previous appeal decisions from the 1990s the appeal site was found by different Inspectors to be an important open feature and backdrop setting to the central area of Lower Green that made an important contribution to the form and setting of the village.
Manor Farm,, Hannington Lane, Walgrave, NN6 9QG — Daventry District Council * — Appeal Decision Whilst the supplementary planning document Walgrave Village Design Statement (VDS) that has since been adopted does not ascribe any special value to the appeal site, it is an attractive area of garden whose openness makes a positive contribution to the character and appearance of this part of the village. 15. The proposed dwelling would be a large, detached, five bedroom house with an attached car port and double garage. An attempt has been made to create the impression of a barn like building that has additions to both sides. However, the strong impression given by the full height barn door opening to the main part of the house and the regular form of the dwelling is one of a poor pastiche that fails to conceal the executive, suburban style of the house. 16. The L shaped house would be orientated so that its front elevation faces southwards and its longer flank elevation faces Lower Green. To facilitate the development three trees along the Hannington Lane boundary would be removed.
Manor Farm,, Hannington Lane, Walgrave, NN6 9QG — Daventry District Council * — Appeal Decision As a result, the large scale and mass of the proposed five bedroom house and its attached car port and double garage, which would be partly set into the site, would be readily apparent in public views from Lower Green and on the approach to the village from the south, unduly urbanising the site and harming its openness. The planting of a boundary hedge has been proposed to screen views of the site from Lower Green. However, the solution to poor design is good design rather than screening. As a result, this would not overcome the harm that would be caused. 17. The Deodar Cedar on the boundary with Hannington Lane is an attractive tree with good amenity value and is protected by a tree preservation order. The layout of the proposed house positions a sitting room with folding windows that would open out onto a terrace close to this protected tree. Given the proximity of the tree to the terrace, it is likely that there would be requests from future residents to reduce or fell the tree which may be difficult for the local authority to resist. The reduction or loss of the tree would cause further harm to the character and appearance of the site and area. 18.
Manor Farm,, Hannington Lane, Walgrave, NN6 9QG — Daventry District Council * — Appeal Decision For all of these reasons, I therefore conclude that the proposed development would cause unacceptable harm to the character and appearance of the area and would not result in environmental improvements on the site. It would therefore not constitute high quality design. The proposal would therefore be contrary to policies R1, S1 and S10 (i) of the WNJCS and policies SP1(G), RA2(C) (iii) (iv), and ENV10 of the Local Plan Part 2. It would also be contrary to Building Guideline B2 of the VDS, which advises that a new building must https://www.gov.uk/planning-inspectorate 3
Manor Farm,, Hannington Lane, Walgrave, NN6 9QG — Daventry District Council * — Appeal Decision For all of these reasons, I therefore conclude that the proposed development would cause unacceptable harm to the character and appearance of the area and would not result in environmental improvements on the site. It would therefore not constitute high quality design. The proposal would therefore be contrary to policies R1, S1 and S10 (i) of the WNJCS and policies SP1(G), RA2(C) (iii) (iv), and ENV10 of the Local Plan Part 2. It would also be contrary to Building Guideline B2 of the VDS, which advises that a new building must https://www.gov.uk/planning-inspectorate 3
Manor Farm,, Hannington Lane, Walgrave, NN6 9QG — Daventry District Council * — Appeal Decision Appeal Decision APP/Y2810/W/21/3272118 relate to its setting and street scene, and The National Design Guide which seeks high quality design through, with regard to context, the enhancement of surroundings. Other Matters 19. In new local planning authorities created by recent local government reorganisation, PPG advises that so long as the strategic housing requirement policies for the predecessor authority have been reviewed within the last five years and found not to need updating, housing land supply is calculated by reference to these policies. In relation to Daventry District, a review carried out in 2020 found that policy S3 is up to date. On this basis the Council states that the area of Daventry has a 5 year housing land supply. In the absence of substantive submitted evidence to the contrary, I agree with this position. Conclusion 20. The location of the proposed development would be contrary to policies R1, S1 and S3 of the WNJCS undermining the spatial strategy of the development plan. The proposal would also demonstrably harm the character and appearance of the area, contrary to policy S10 (i) of the WNJCS and policies SP1(G), RA2 (C) (iii) (iv) and ENV10 of the Local Plan Part 2.
Manor Farm,, Hannington Lane, Walgrave, NN6 9QG — Daventry District Council * — Appeal Decision Although these policies predate the publication of the current Framework, as they seek to promote a sustainable pattern of development and secure good design, they are consistent with it and significant weight should be given to the conflict between them and the proposal in this appeal. As a result, I find that the proposed development would be contrary to the development plan considered as a whole. 21. The proposed house would increase the supply of housing by a nominal amount at a time when the government is committed to significantly boosting supply and when, so far during the current year, not all sites are coming forward as quickly as anticipated in the former area of Daventry District. Furthermore, Northampton, which forms a large part of the area of West Northamptonshire Council, the appellant states has only a 3 year housing land supply. Located in a village with some services and facilities, including a bus service, the proposal would be in a reasonably accessible location and the construction of the dwelling, the creation of an additional home and the resulting New Homes Bonus would be of economic and social benefit, albeit limited. 22.
Manor Farm,, Hannington Lane, Walgrave, NN6 9QG — Daventry District Council * — Appeal Decision I have found that the proposal would conflict with the development plan considered as a whole. In my judgement, the other considerations put forward in support of the proposal are insufficient to outweigh the harm that would be caused and non-compliance with the development plan. Therefore, for the reasons given above, the appeal should be dismissed.
Manor Farm,, Hannington Lane, Walgrave, NN6 9QG — Daventry District Council * — Ian Radcliffe Inspector https://www.gov.uk/planning-inspectorate 4
Main issues and findings
Character and appearance Against appellant ¶15
The proposed dwelling was described as a poor pastiche that failed to conceal its executive, suburban style. The large scale and mass of the proposed house would be readily apparent in public views from Lower Green and on the approach to the village from the south, unduly urbanising the site and harming its openness.
Character and appearance Against appellant ¶17
The Deodar Cedar on the boundary with Hannington Lane is an attractive tree with good amenity value and is protected by a tree preservation order. The layout of the proposed house positions a sitting room with folding windows that would open out onto a terrace close to this protected tree, likely causing harm to the character and appearance of the site and area.
Living conditions Against appellant ¶21
The proposed house would increase the supply of housing by a nominal amount, but the harm caused by the development would outweigh the limited benefits.
Flood risk Neutral
No mention of flood risk in the decision letter.
Policies relied on
| Reference | Weight |
|---|---|
| R1 of the WNJCS |
Determinative |
| S1 of the WNJCS |
Determinative |
| S3 of the WNJCS |
Determinative |
| S10 (i) of the WNJCS |
Determinative |
| SP1(G) of the Local Plan Part 2 |
Determinative |
| RA2 (C) (iii) (iv) of the Local Plan Part 2 |
Determinative |
| ENV10 of the Local Plan Part 2 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 4 pages, issued by the Planning Inspectorate on 13 January 2022 under the Open Government Licence.