Doverte Cottage Millend, North Nibley, DURSLEY, GL11 6ED

Doverte Cottage Millend, North Nibley, DURSLEY, GL11 6ED — Stroud District Council — Appeal Decision Site visit made on 21 September 2021 by Benjamin Webb BA(Hons) MA MA MSc PGDip(UD) MRTPI IHBC an Inspector appointed by the Secretary of State Decision date: 30 September 2021 Appeal Ref: APP/C1625/W/21/3277066 Doverte Cottage, Millend, North Nibley GL11 6ED • 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 Denis DeSouza against the decision of Stroud District Council. • The application Ref S.21/0211/HHOLD, dated 28 January 2021, was refused by notice dated 23 March 2021. • The development proposed is described as use of a stable outbuilding as an annexe. Decision 1. The appeal is dismissed. Main Issues 2. The main issues are: • whether the development would conserve and enhance the natural and scenic beauty of the Cotswolds Area of Outstanding Natural Beauty (the AONB); and • the effect of the development on bats. Reasons AONB 3. The site is located within the AONB, within which there is a duty to have regard to the purpose of conserving and enhancing natural beauty.

Doverte Cottage Millend, North Nibley, DURSLEY, GL11 6ED — Stroud District Council — Appeal Decision Within this context paragraph 176 of the National Planning Policy Framework further states that great weight should be given to conserving and enhancing landscape and scenic beauty. These objectives are reflected in Policy ES7 of the Stroud District Local Plan 2015 (the Local Plan). 4. The site is located on rising ground on the northern side of a valley. This contains attractive open countryside, including woodland, within which scattered dwellings form localised clusters. Doverte Cottage is however isolated. 5. The stable is of a general type and design found elsewhere within the surrounding area. Both it and Doverte Cottage stand at a much higher level than the lane to their front, upon which each has a south facing frontage, and from which each is visible. Both are also visible from within their broader landscape setting, including in long views from the opposite side of the valley. https://www.gov.uk/planning-inspectorate

Doverte Cottage Millend, North Nibley, DURSLEY, GL11 6ED — Stroud District Council — Appeal Decision Appeal Decision APP/C1625/W/21/3277066 Within this context the cottage and stable appear as distinctly separate, in both a physical and functional sense. This is given their different character, relative positioning, and the reasonably large gap which exists between them. This impression is reinforced close at hand by the existence of two separate points of access. The buildings do not therefore present themselves as closely related. 6. The appellants state that the stable stands within the garden of the cottage. The stable indeed stands just to the east of the main lawned area of the garden, which is itself laid out on the eastern side of the cottage. A separate terrace has also been formed within part of the space to the north of the stable, and a vegetable growing area is located toward the east of that. There is however little sense that the stable forms an integrated part of the layout or landscaping of any of these spaces. 7. The Council furthermore claims that garden spaces to the north of the stable are the product of informal assimilation at some point after 2014. In this regard I have not been provided with any evidence which demonstrates their lawfulness.

Doverte Cottage Millend, North Nibley, DURSLEY, GL11 6ED — Stroud District Council — Appeal Decision Consequently, I can attach limited weight to their existence. Even so, this has little bearing to the way in which the buildings are currently perceived within the landscape, as set out above. 8. The development would entail infilling of the canopied area across the front of the stable, and the insertion of windows and a stove flue. As a result, the building would no longer appear as a stable but as a small dwelling. This would be reasonably apparent from the lane and from other viewpoints. Given my findings above, the dwelling would not obviously appear as an annexe of Doverte Cottage, but as a separate dwelling. Whether or not the use of the annexe could be subject of control, the effect in broader landscape terms would be one of both intrusive and creeping suburbanisation, that would be visually accentuated by the exposed nature of the dwelling. This would not conserve and enhance the natural and scenic beauty of the AONB, both contrary to its purpose, and to Policy ES7 of the Local Plan. 9. The scheme has been promoted primarily in relation to Policy HC7 of the Local Plan, which allows for the creation of an annexe where there is a clear justification for a dependant or full-time carer.

Doverte Cottage Millend, North Nibley, DURSLEY, GL11 6ED — Stroud District Council — Appeal Decision This can include the conversion of an existing outbuilding within the curtilage of a dwelling, subject to conditions including the existence of a close relationship with the main dwelling. Whilst Policy HC7 is not drafted to suggest the acceptability of conflict with Policy ES7, or of harm to the AONB, I have already established that the lawful extent of the residential curtilage is uncertain, and that a close relationship both does and would not exist between the buildings. In each regard therefore the scheme would not comply with Policy HC7. 10. The appellants have nonetheless emphasised the need for the annexe, and, within the context of its discussion of Policy HC7, this has not been questioned by the Council. It is however clear that the Council considers that other options may exist which could potentially satisfy both Policies HC7 and ES7, and I too am unconvinced that these have been fully explored. Moreover, the case set before me in relation to need is itself neither clear nor consistent, including insofar as the intended occupant of the annexe already lives on site within the cottage, and could presumably continue to do so.

Doverte Cottage Millend, North Nibley, DURSLEY, GL11 6ED — Stroud District Council — Appeal Decision I therefore attach little weight to the appellants’ case, and this does not outweigh the harm I have identified above. https://www.gov.uk/planning-inspectorate 2

Doverte Cottage Millend, North Nibley, DURSLEY, GL11 6ED — Stroud District Council — Appeal Decision I therefore attach little weight to the appellants’ case, and this does not outweigh the harm I have identified above. https://www.gov.uk/planning-inspectorate 2

Doverte Cottage Millend, North Nibley, DURSLEY, GL11 6ED — Stroud District Council — Appeal Decision Appeal Decision APP/C1625/W/21/3277066 11. My attention has been drawn to a conversion scheme approved at the Old Dairy nearby. However, I have been provided with limited details, and, aside from an obvious difference in location, the description of development suggests differences in layout and character. In this regard the similarities are unclear. I have therefore assessed the appeal scheme on its own merits. 12. For the reasons set out above I conclude that the development would fail to conserve and enhance the natural and scenic beauty of the AONB. It would therefore conflict with Policy ES7 of the Local Plan which seeks to support this objective. Bats 13. The design, location and proximity of the stable to suitable habitats, together suggest a reasonable likelihood of its use by bats. Bats are a protected species, and could be adversely affected by conversion of the stable should they be present. In this regard neither the application nor the appeal was or are supported by a survey and details of any required mitigation. 14. Netting has been installed within the building, and within the locations within which it is present, it may have prevented access by bats.

Doverte Cottage Millend, North Nibley, DURSLEY, GL11 6ED — Stroud District Council — Appeal Decision I cannot however be certain that crevice and void dwelling species are absent from other parts of the building. Consequently, the presence of bats cannot be ruled out, and nor therefore can the adverse effects noted above. 15. Circular 6/2005 indicates that conditions requiring surveys should only be used in exceptional circumstances. This is in order to ensure that decision making is properly informed. As no exceptional circumstances have been shown to exist in this case, it would not be appropriate to address the lack of survey evidence by means of imposing a condition. In this regard the Council’s previous use of condition on a permission relating to the Rose and Crown differs in that it relates to biodiversity enhancements, rather than to the provision of a survey. 16. An ecological survey has been provided which relates to adjacent land. However, as this does not include the stable, it is not directly relevant. 17. For the reasons set out above I conclude that the appellants have failed to demonstrate that the effects of the scheme would be acceptable in relation to bats.

Doverte Cottage Millend, North Nibley, DURSLEY, GL11 6ED — Stroud District Council — Appeal Decision The development would therefore conflict with Policy ES6 of the Local Plan, which seeks to restrict development that would adversely affect protected species in the absence of safeguarding measures. Conclusion 18. The proposal conflicts with the development plan, and there are no other considerations which alter or outweigh the harm that it would cause. Therefore, for the reasons set out above, I conclude that the appeal should be dismissed.

Doverte Cottage Millend, North Nibley, DURSLEY, GL11 6ED — Stroud District Council — Benjamin Webb INSPECTOR https://www.gov.uk/planning-inspectorate 3