Case 3275446

Downside Garshall Green, Garshall Green Lane, STAFFORD, ST18 0EP

Stafford Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
19 November 2021
Authority
Stafford Borough Council
Inspector
Thandi B
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr A Williams
Agent
NextPhase Development Ltd
LPA reference
21/33783/FUL
ONS LPA code
E07000197
Jurisdiction
Transferred
Link status
Not Linked
Start date
13 September 2021

Summary AI

The appeal for a detached dwelling in open countryside was dismissed due to conflict with local policies on housing development and character preservation. The development would introduce considerable built form and harm the area's character, failing to meet policy requirements. The inspector considered the revised National Planning Policy Framework and the appeal site's location within the Sustainable Settlement Hierarchy.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Downside Garshall Green, Garshall Green Lane, STAFFORD, ST18 0EP — Stafford Borough Council — Appeal Decision Site Visit made on 9 November 2021 by Bhupinder Thandi BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 19 November 2021 Appeal Ref: APP/Y3425/W/21/3275446 Downside, Garshall Green Lane, Garshall Green, Stafford ST18 0EP • 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 A Williams against the decision of Stafford Borough Council. • The application Ref 21/33783/FUL, dated 29 January 2021, was refused by notice dated 1 April 2021. • The development proposed is erection of a detached dwelling. Decision 1. The appeal is dismissed. Procedural Matter 2. The revised National Planning Policy Framework (the Framework) has been published since the appeal was submitted. Both main parties have been given the opportunity to comment on this. My decision is made in the context of the revised Framework and I am satisfied that no interested party has been prejudiced by my approach. Main Issue 3. The main issue is whether the proposed development would be consistent with local policies relating to the location of new housing development. Reasons 4.

Page 1 · Chunk 1 Appeal Decision

Downside Garshall Green, Garshall Green Lane, STAFFORD, ST18 0EP — Stafford Borough Council — Appeal Decision The appeal site comprises a residential caravan sited within a largely open plot located in the hamlet of Garshall Green. The settlement includes a number of dwellings either side of the lane all of differing designs and forms. Garshall Green is located within and surrounded by open countryside and is not classed as a settlement in the Sustainable Settlement Hierarchy (SSH). The site is located within 15km of the Cannock Chase Special Area of Conservation. 5. The Plan for Stafford Borough (2014) (PSB) Spatial Principle 3 sets out the spatial strategy for the borough and indicates that the majority of future development will be directed through the SSH to the towns of Stafford and Stone and Key Service Villages. 6. For areas outside these settlements PSB Policy C5, at criterion A, set out that proposals will be required to demonstrate that housing cannot be accommodated within the SSH; proposals will need to meet a need as identified by a Parish based Local Housing Needs Assessment and is of high- quality design that reflects the setting, form and character of the locality and surrounding landscape. The policy states that all criteria must be met. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Downside Garshall Green, Garshall Green Lane, STAFFORD, ST18 0EP — Stafford Borough Council — Appeal Decision Appeal Decision APP/Y3425/W/21/3275446 7. I have not been provided with any evidence that the proposed dwelling could not reasonably be located within a settlement outlined in Spatial Principle 3 or that there is an identified local need. 8. The existing caravan has a temporary low-key appearance and occupies a small area of the site with the land around it largely free from development. The proposed development would, in contrast, introduce considerable built form resulting from the scale of the dwelling and an extensive amount of hardstanding in the form of the driveway and parking area. 9. The dwelling, associated infrastructure and domestic paraphernalia would be dispersed over a greater area of the site. This urbanisation of the site and encroachment into countryside would adversely harm the character and appearance of the area which is largely undeveloped. Consequently, the proposed development conflicts with PSB Policy C5(A). 10. Whilst the proposed development would not be isolated, it would be located within open countryside and is not well connected to the nearest Key Service Village.

Page 2 · Chunk 3 Appeal Decision

Downside Garshall Green, Garshall Green Lane, STAFFORD, ST18 0EP — Stafford Borough Council — Appeal Decision Future occupiers would be overwhelmingly reliant on private vehicles to access services and facilities to meet their day-to-day needs. There are no realistic alternative modes of transport or footpaths that would be available for future occupiers. 11. In terms of a fallback position, I note that a Certificate of Lawful Development1 has been issued that establishes the siting of a residential caravan on site for more than 40 years and for its replacement with a twin caravan, as defined by the Caravan Sites Act 1968 (the Act). 12. I acknowledge that the appellant has purchased the plot with a view to safeguard their investment and that a residential caravan has been on the site for a significant period of time. However, the floor area and the scale of the dwelling would be substantially larger than the existing caravan or the replacement one, where its size is limited by the Act. The proposed development would have a greater impact on the character and appearance of the area, resulting from its size and the urbanisation of the site compared to the existing or replacement caravan. 13.

Page 2 · Chunk 4 Appeal Decision

Downside Garshall Green, Garshall Green Lane, STAFFORD, ST18 0EP — Stafford Borough Council — Appeal Decision Despite the appellant’s comments, I have not been provided with any substantive evidence that the land immediately around the caravan could be used for domestic purposes similar to a residential garden associated with a dwelling. 14. Consequently, in my judgement a legitimate fallback position does not exist that would outweigh my findings in respect of the conflict with the development plan. 15. As such, the proposed development would be contrary to Spatial Principles 3 and 7 and Policy C5(A) of the PSB which, amongst other things, seek to direct new housing to sustainable settlements through the sustainable settlement hierarchy unless it can be demonstrated that it cannot be accommodated within it or that there is an identified local need. 1 Application Reference 18/28838/LDCP https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Downside Garshall Green, Garshall Green Lane, STAFFORD, ST18 0EP — Stafford Borough Council — Appeal Decision Appeal Decision APP/Y3425/W/21/3275446 Other Matters 16. I accept that the proposal would add to the general availability of housing in the Borough. However, I have not been made aware of any pressing housing need that would justify a different overall conclusion that the appeal should be dismissed. 17. I acknowledge that the proposed development would incorporate green technology and biodiversity improvements. I also note that it is unlikely to significantly increase vehicle movements. However, these individually or cumulatively would not outweigh the harm that I have identified. 18. The appellant has drawn my attention to paragraphs in the Framework that promote high quality, innovative and sustainable design. I acknowledge the Framework is a consideration in planning decisions. However, in this particular case, it is not justification to allow inappropriate development. Conclusion 19. For the reasons set out above the appeal does not succeed.

Page 3 · Chunk 6 B Thandi

Downside Garshall Green, Garshall Green Lane, STAFFORD, ST18 0EP — Stafford Borough Council — B Thandi 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

Housing land supply
Against appellant
¶7

The appellant did not provide evidence that the proposed dwelling could not reasonably be located within a settlement outlined in Spatial Principle 3 or that there is an identified local need.

Character and appearance
Against appellant
¶9

The proposed development would introduce considerable built form, resulting from the scale of the dwelling and an extensive amount of hardstanding, adversely harming the character and appearance of the area.

Flood risk
Neutral

Not mentioned in the decision letter.

Living conditions
Against appellant
¶10

Future occupiers would be overwhelmingly reliant on private vehicles to access services and facilities, with no realistic alternative modes of transport or footpaths available.

Affordable housing
Neutral

The appeal was dismissed due to conflict with local policies, not because the proposed development did not meet affordable housing requirements.

Conditions
Against appellant
¶12

The proposed development would have a greater impact on the character and appearance of the area compared to the existing or replacement caravan.

Planning obligations
Neutral

Not mentioned in the decision letter.

Policies relied on

Reference Weight
PSB Policy C5(A)
Determinative
Spatial Principles 3 and 7
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 19 November 2021 under the Open Government Licence.