Case 3275977

The Street, West Horsley, Surrey, KT24 6HW

Guildford Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
13 December 2021
Authority
Guildford Borough Council
Inspector
Jolly J
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Unknown
Development type
Minor Dwellings
Appellant
Round Tree Development Limited
Agent
Michael Conoley Associates
LPA reference
20/P/02122
ONS LPA code
E07000209
Jurisdiction
Transferred
Link status
Not Linked
Start date
30 September 2021

Summary AI

The appeal for a single residential dwelling in the Green Belt, formed by the conversion of three agricultural barns, has been dismissed due to the harm caused to the openness of the Green Belt. The inspector found that the proposal was inappropriate development and that the harm was not outweighed by the benefits of the development.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

The Street, West Horsley, Surrey, KT24 6HW — Guildford Borough Council — Appeal Decision Site visit made on 29 November 2021 by J E Jolly BA (Hons) MA MSc CIH MRTPI an Inspector appointed by the Secretary of State Decision date: 13th December 2021 Appeal Ref: APP/Y3615/W/21/3275977 Round Tree Farm, The Street, West Horsley KT24 6HW • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for planning permission. • The appeal is made by Alex Jordan (Round Tree Development Limited) against Guildford Borough Council. • The application Ref 20/P/02122, is dated 10 December 2020. • The development proposed is for the conversion of three agricultural barns to form a detached dwelling and an associated garage. Decision 1. The appeal is dismissed. Procedural Matters 2. The main parties agree that description of development provided on the appellant’s appeal form is correct. I have proceeded accordingly. 3. Although the appellant has suggested that the Council’s application process could have been more expedient, this is a matter for the parties and not for my consideration as part of this case. 4. The Government published a revised National Planning Policy Framework (the Framework) in July 2021.

Page 1 · Chunk 1 Appeal Decision

The Street, West Horsley, Surrey, KT24 6HW — Guildford Borough Council — Appeal Decision All references to the Framework in this decision relate to the updated document. Main Issues 5. The main issues are: • whether the proposal would represent inappropriate development in the Metropolitan Green Belt (the Green Belt), and if inappropriate development, the effect of the proposal on the openness of the Green Belt, and whether any harm by reason of inappropriateness, or any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development, • sustainability, and; • the effect of the proposal on the Thames Basin Heaths Special Protection Area (SPA). https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 2 Appeal Decision

The Street, West Horsley, Surrey, KT24 6HW — Guildford Borough Council — Appeal Decision All references to the Framework in this decision relate to the updated document. Main Issues 5. The main issues are: • whether the proposal would represent inappropriate development in the Metropolitan Green Belt (the Green Belt), and if inappropriate development, the effect of the proposal on the openness of the Green Belt, and whether any harm by reason of inappropriateness, or any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development, • sustainability, and; • the effect of the proposal on the Thames Basin Heaths Special Protection Area (SPA). https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 3 Appeal Decision

The Street, West Horsley, Surrey, KT24 6HW — Guildford Borough Council — Appeal Decision Appeal Decision APP/Y3615/W/21/3275977 Reasons Inappropriate development 6. The appeal site is located in the Green Belt and the 400m to 5km zone of the SPA near to the settlement of West Horsley. The immediate built environment is typified by loose-knit development bordered by agricultural type fields that is strung along the main road known as ‘The Street’. The site is accessed via a short turning near to the junction with ‘Long Reach’ which leads to a farm courtyard type area that is flanked by a number of modest dwellings and a range of agricultural and livestock barns. 7. The barns include a redundant timber-frame storage barn with a corrugated roof that is attached to a brick-built store with a slate roof and an open-sided portal metal frame structure with a gravel type floor to the rear. To the other side of the courtyard there is a single-storey building with a clay tile roof that faces towards the timber frame barn which is in a similar state of disrepair to the other structures. 8. The proposal is to convert the three agricultural barns and the single-storey building into a 3 bedroom residential dwelling with a garage and a garden. 9.

Page 2 · Chunk 4 Appeal Decision

The Street, West Horsley, Surrey, KT24 6HW — Guildford Borough Council — Appeal Decision It has been brought to my attention that there are two prior approval schemes1 adjacent to the appeal site and that there is an extant permission for the conversion of the barns into a single dwelling.2 These are noted. However, I have limited details of the prior approval schemes before me, and the extant permission is for a scheme of a different scale altogether to the proposed development and does not include the portal frame building. Therefore, as is correct I have considered the proposal on its own planning merits. 10. The Framework sets out clearly in Paragraphs 147-151 that unless an exception can be demonstrated that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except where very special circumstances exist. In this case the appellant asserts that the exception set out in Paragraph 150 (d) of the Framework applies as the proposal would be the re-use of buildings that are of a permanent and substantial construction. 11. The appellant contends that the barns have elements of a domestic structure. However, I have no convincing evidence to persuade me that the appeal buildings have ever been occupied as a residential dwelling(s).

Page 2 · Chunk 5 Appeal Decision

The Street, West Horsley, Surrey, KT24 6HW — Guildford Borough Council — Appeal Decision I am nonetheless satisfied that the timber-frame barn, store and single-storey building would represent the re-use of a building as they appear to have been a feature at Round Tree Farm for a considerable period of time, as evidenced by the submitted ‘Heritage Collective’ heritage note. 12. Moreover, I noted at my site visit that the timber barn, store and single-storey building, while less than pristine, are of a solid and robust construction that include hard-wearing materials such as aged timber, roof tiles, brickwork walls and have some areas of made flooring. 1 19/W/00053 and 19/W/0054 2 17/P/02156 https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 6 Appeal Decision

The Street, West Horsley, Surrey, KT24 6HW — Guildford Borough Council — Appeal Decision I am nonetheless satisfied that the timber-frame barn, store and single-storey building would represent the re-use of a building as they appear to have been a feature at Round Tree Farm for a considerable period of time, as evidenced by the submitted ‘Heritage Collective’ heritage note. 12. Moreover, I noted at my site visit that the timber barn, store and single-storey building, while less than pristine, are of a solid and robust construction that include hard-wearing materials such as aged timber, roof tiles, brickwork walls and have some areas of made flooring. 1 19/W/00053 and 19/W/0054 2 17/P/02156 https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

The Street, West Horsley, Surrey, KT24 6HW — Guildford Borough Council — Appeal Decision Appeal Decision APP/Y3615/W/21/3275977 13. Whereas, the portal frame building, which is an essential component of the proposal, has a more contemporary open-steel framework with a relatively light-weight corrugated metal roof and a rough unmade floor. As such, whether the proposed development would retain the architectural form and appearance of the buildings or not, to wholly convert the combined barns into a residential dwelling would require extensive construction works to the portal structure. Therefore, in the planning judgement, I conclude that the requirements for an exception included in Paragraph 50(d) of the Framework have not been met. It follows then that the development would be inappropriate development in the Green Belt. Openness 14. Given the timber-frame barn and store have stood on the site for many years, I acknowledge that the loss of openness that would be directly attributable to these sections of the proposal would not be great in itself. However, the portal structure would be transformed from a simple open-sided agricultural type barn into a solid and enclosed building with timber clad elevations and urban style fenestration.

Page 3 · Chunk 8 Appeal Decision

The Street, West Horsley, Surrey, KT24 6HW — Guildford Borough Council — Appeal Decision Indeed, the resultant dwelling would be substantially larger than the existing buildings. Therefore, in comparison to the existing open-sided building, this section of the proposal would have a stark and abrupt visual impact on the Green Belt, particularly when viewed from ‘Long Reach’ and the surrounding fields. Furthermore, the single-storey building would be extended to one side to form a garage, and hence be of some bulk and mass in comparison to the existing building. 15. Consequently, when considered as a whole, I conclude that the proposal is inappropriate development that would materially harm the openness of the Green Belt. Green Belt balance 16. Inappropriate development and harm to openness is by definition harmful to the Green Belt and should not be approved except in very special circumstances. Paragraph 148 of the Framework requires that substantial weight is given to any harm to the Green Belt. Moreover, very special circumstances will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the proposal, is clearly outweighed by other considerations to justify the development. 17.

Page 3 · Chunk 9 Appeal Decision

The Street, West Horsley, Surrey, KT24 6HW — Guildford Borough Council — Appeal Decision I acknowledge that there have been a number of letters of support for the proposal, and that the proposed materials would also be of a type and quality that would accord with the appearance of the agricultural surroundings. Indeed, the development would have the look of a well-maintained and historic agricultural building in comparison to the dilapidated structures, to which I attribute some moderate weight. 18. In addition the proposal would offer a range of economic, social and environmental benefits associated with a new dwelling. These would include; employment opportunities during construction, one new home towards the Council’s housing land supply, and the patronage of services and social activities in the local area by the additional household. Moreover, the proposal would include a number of renewable and sustainable technologies. However, given the proposal is for a single dwelling I attribute these benefits limited weight. https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 10 Appeal Decision

The Street, West Horsley, Surrey, KT24 6HW — Guildford Borough Council — Appeal Decision Appeal Decision APP/Y3615/W/21/3275977 19. I have found that the proposal is inappropriate development that would erode the essential characteristics of the openness of the Green Belt. Furthermore, the substantial weight to be given to Green Belt harm is not clearly outweighed by the other considerations sufficient to demonstrate that very special circumstances exist. 20. Accordingly, the proposal does not meet the requirements of Policy P2 of the Guildford Borough Local Plan strategy and sites 2019 (GBLP), which says, amongst other things, that Green Belt will continue to be protected against inappropriate development in accordance with the Framework. 21. For similar reasons, the proposal is contrary to Paragraph 147 of the Framework which says that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. Sustainability 22. The Council contend that the details of sustainable design and construction practice related to the proposal are less than ideal.

Page 4 · Chunk 11 Appeal Decision

The Street, West Horsley, Surrey, KT24 6HW — Guildford Borough Council — Appeal Decision Nonetheless the appellant forwards in the submitted statement of case that the re-use of the buildings would have environmental benefits including the use of renewable and sustainable technologies. I also acknowledge the relative proximity of the proposal to the village of West Horsley. However, from the minimal evidence before me, I cannot be certain if the proposal would achieve aims such as, but not limited to, the reduction of carbon emissions, and the requirements of Policy D2 of the GBLP, or that these requirements could met through the imposition of a condition(s). 23. I conclude therefore, that the proposal would not meet the aims of Policy D2 (1 & 3) of the GBLP, which requires that conversion and extensions to existing buildings should include information setting out how sustainable design and construction practice will be incorporated, and the Framework when read as a whole. SPA 24. The appeal site is located in the SPA and is therefore, subject to the Habitat Regulations which protect the SPA.

Page 4 · Chunk 12 Appeal Decision

The Street, West Horsley, Surrey, KT24 6HW — Guildford Borough Council — Appeal Decision If I had come to a different conclusion, it would have been necessary for me as a competent authority to undertake an ‘Appropriate Assessment’ and give further consideration to the likely effectiveness of any mitigation measures, including the appellants recently submitted Unilateral Undertaking. However, as I have found against the appellant on the main issues, and therefore planning permission is to be refused, this matter need not be considered any further in this case. Conclusions 25. For the reasons given above I conclude that the appeal should be dismissed.

Page 4 · Chunk 13 J E JOLLY

The Street, West Horsley, Surrey, KT24 6HW — Guildford Borough Council — J E JOLLY 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
¶10

The inspector found that the proposal was inappropriate development in the Green Belt, as defined by the National Planning Policy Framework, and that the exception for re-use of permanent and substantial buildings did not apply.

Green belt
Against appellant
¶14

The inspector found that the loss of openness caused by the conversion of the portal frame building would have a significant visual impact on the Green Belt, and that this harm outweighed any potential benefits of the development.

Other
Neutral
¶22

The inspector found that the proposal did not meet the aims of Policy D2 of the Guildford Borough Local Plan, but noted that the benefits of sustainable design and construction practice were not clearly demonstrated.

Policies relied on

Reference Weight
Policy P2 of the Guildford Borough Local Plan strategy and sites 2019 (GBLP)
Determinative
Paragraph 147 of the National Planning Policy Framework
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 13 December 2021 under the Open Government Licence.