Slades Farm, Butterfly Lane, Elstree, Hertfordshire, WD6 3AD
Hertsmere Borough Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 5 May 2022
- Authority
- Hertsmere Borough Council
- Inspector
- Sargent J
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Other minor developments
- Appellant
- Jessica Allen-Back and Humphrey Gibbs 95 Settlement Trust Ltd
- Agent
- SBRice Ltd
- LPA reference
- 20/2017/FUL
- ONS LPA code
- E07000098
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 23 November 2021
Summary AI
The appeal was successful due to the Inspector's conclusion that the proposed agricultural building would not be inappropriate development in the Green Belt, as it would be for a legitimate agricultural purpose. The Inspector also considered the potential impact on the setting of the listed Slades Farm House and the Grade II listed Registered Park and Garden of Aldenham Park, but concluded that the development would not cause harm to their significance.
PDF text
Slades Farm, Butterfly Lane, Elstree, Hertfordshire, WD6 3AD — Hertsmere Borough Council — Appeal Decision Site visit made on 24 February 2022 by Mr JP Sargent BA(Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 5 May 2022 Appeal Ref: APP/N1920/W/21/3277365 Slades Farm, Butterfly Lane, Elstree WD6 3AD • 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 Jessica Allen-Back and Humphrey Gibbs, 1995 Settlement Trust Limited against the decision of Hertsmere Borough Council. • The application Ref 20/2017/FUL, dated 4 December 2020, was refused by notice dated 5 February 2021. • The development proposed is the construction of a general-purpose agricultural building. Decision 1. The appeal is allowed and planning permission is granted for the construction of a general-purpose agricultural building at Slades Farm, Butterfly Lane, Elstree WD6 3AD in accordance with the terms of the application, Ref 20/2017/FUL, dated 4 December 2020, subject to the conditions in the Conditions Schedule below. Main Issues 2.
Slades Farm, Butterfly Lane, Elstree, Hertfordshire, WD6 3AD — Hertsmere Borough Council — Appeal Decision The main issues are a) whether this is inappropriate development in the Green Belt and b) whether it would fail to preserve the setting of the Grade II listed Slades Farm House and cause harm to its significance. Reasons Green Belt 3. The National Planning Policy Framework (the Framework) says keeping land permanently open is a fundamental aim of the Green Belt. It confirms that the construction of new buildings in the Green Belt should be regarded as inappropriate and, by definition, harmful. Paragraph 149 gives the exceptions to this, one of which, Criterion (a), is the erection of buildings for agriculture. Policy CS13 in the Council’s Core Strategy states that development proposals in the Green Belt will be assessed in relation to the Framework. 4. I am satisfied, from the evidence before me, that this building is to be erected for agriculture in line with the description above. As such, I conclude it would not be inappropriate development in the Green Belt, and so in this regard would accord with the Framework and Core Strategy Policy CS13. Setting of the listed building 5.
Slades Farm, Butterfly Lane, Elstree, Hertfordshire, WD6 3AD — Hertsmere Borough Council — Appeal Decision Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act) says, in considering whether to grant planning permission for development which affects a listed building or its setting, special regard shall be given to the https://www.gov.uk/planning-inspectorate
Slades Farm, Butterfly Lane, Elstree, Hertfordshire, WD6 3AD — Hertsmere Borough Council — Appeal Decision Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act) says, in considering whether to grant planning permission for development which affects a listed building or its setting, special regard shall be given to the https://www.gov.uk/planning-inspectorate
Slades Farm, Butterfly Lane, Elstree, Hertfordshire, WD6 3AD — Hertsmere Borough Council — Appeal Decision Appeal Decision APP/N1920/W/21/3277365 desirability of preserving the building or its setting or any features of special architectural or historic interest it possesses. The Framework provides further guidance on this, emphasising that heritage assets are an irreplaceable resource and great weight should be given to their conservation. It adds that any harm to the significance of a designated heritage asset from development within its setting should require clear and convincing justification. This position is broadly reflected in Policies SP1 and CS14 of the Core Strategy and Policy SADM29 in the Site Allocations and Development Management Policies Plan. 6. Slades Farm House dates from the late 18th Century but has been altered subsequently. However, externally its special architectural and historic interest is apparent, as its form and its detailing reflect its age and value, and contribute positively to its significance as a designated heritage asset. 7. It sits to the west and north of a large complex of outbuildings and surrounding open storage. Between the house and Butterfly Lane, are smaller brick buildings that would originally have been used for agricultural purposes but are now being put to commercial use.
Slades Farm, Butterfly Lane, Elstree, Hertfordshire, WD6 3AD — Hertsmere Borough Council — Appeal Decision To the east, and on the other side of a track that runs through the complex, are 2 larger modern buildings, that again may well have been for agricultural activity initially but now are also used for commercial purposes. Beyond them is an area of coach storage on the east side and an area of containers to the north. There is therefore a somewhat sprawling and varied arrangement of buildings and storage, with some of the units having a quite utilitarian, industrial design, and there was little evidence of agricultural activity amongst them. However, collectively they have the appearance of a farm complex that makes a positive contribution to the significance of the listed building by emphasising its origins as a farmhouse. 8. The proposal would be a large building, again of a modern, relatively functional appearance, that would stand on the northern edge of the complex. It would be an appreciable distance from the listed dwelling and visibility between the 2 would be limited. 9. When seen from the east, it would appear to be part of the overall cluster of buildings, and the farmhouse, on the western side of the group, would not be easily perceived.
Slades Farm, Butterfly Lane, Elstree, Hertfordshire, WD6 3AD — Hertsmere Borough Council — Appeal Decision From the lane the roadside planting and the development’s position on the far side of the complex and beyond the open storage mean it would not be readily apparent in the landscape or in the context of the listed building. In neither of these views would it harm the setting of Slades Farm House. 10. When looking across the fields from the north the farmhouse and the proposal would be visible together. However, they would be well apart, and although the proposal would be extending the cluster of buildings behind the farmhouse it would still be apparent in the context of the existing units and containers as part of what appears to be a farm complex. As such, with softening landscaping on its northern side, it would not cause harm to the setting from this direction. 11. Finally, when on the footpaths on the western side, the front elevation of the farmhouse is apparent with the existing group of buildings extending away behind. The effect of the proposal would be to make the complex visually wider, as it took it further northwards, away from Butterfly Lane.
Slades Farm, Butterfly Lane, Elstree, Hertfordshire, WD6 3AD — Hertsmere Borough Council — Appeal Decision However, as the farmhouse is already set against a sizeable complex and as the proposal would be some distance back, I see no reason why this needs to mean the scheme would harm an appreciation of the listed building. 12. To the south of Butterfly Lane is the Grade II listed Registered Park and Garden of Aldenham Park, the significance of which lies partly in it being a historic parkland. https://www.gov.uk/planning-inspectorate 2
Slades Farm, Butterfly Lane, Elstree, Hertfordshire, WD6 3AD — Hertsmere Borough Council — Appeal Decision However, as the farmhouse is already set against a sizeable complex and as the proposal would be some distance back, I see no reason why this needs to mean the scheme would harm an appreciation of the listed building. 12. To the south of Butterfly Lane is the Grade II listed Registered Park and Garden of Aldenham Park, the significance of which lies partly in it being a historic parkland. https://www.gov.uk/planning-inspectorate 2
Slades Farm, Butterfly Lane, Elstree, Hertfordshire, WD6 3AD — Hertsmere Borough Council — Appeal Decision Appeal Decision APP/N1920/W/21/3277365 It has not been contested that the development would harm the significance of that asset. Given the effect of the intervening complex of buildings and planting, and mindful of the clear barrier that Butterfly Lane appears to play between the parkland to the south and the farmland to the north, I have no reason to come to a different view. 13. Accordingly, I conclude the development would not adversely affect the setting of the Grade II listed Slades Farm House, or the Grade II listed Registered Park and Garden of Aldenham Park and so would not cause harm to their significance as designated heritage assets. As such, it would not conflict with guidance in the Framework. It would also not conflict with Policies SP1 and CS14 in the Core Strategy or Policy SADM29 in the Site Allocations and Development Management Policies Plan. Other Matters 14. The building would be a significant new element into this rural landscape. However, it would be set against the existing buildings and containers in the most prominent views from the north and west, while landscaping could be introduced to soften its visual impact.
Slades Farm, Butterfly Lane, Elstree, Hertfordshire, WD6 3AD — Hertsmere Borough Council — Appeal Decision Taking those factors together, I consider it would be satisfactorily integrated into the complex. Therefore, I raise no objections to its siting and so it is not for me to assess whether alternative positions would be preferable. 15. I have no basis to consider the noise or odour associated with this operation would be harmful given its siting amongst a cluster of rural buildings. Similarly, there is no reason why it need be a fire risk, and it would be open to the Council to consider enforcement proceedings if, once built, it was used unauthorisedly for other purposes. The appellant has said vehicle movements would reduce because of the scheme, but has not substantiated this statement. Despite this, whilst concern has been raised about increased traffic in the vicinity, noting the character of the lanes around I have no basis to find the residual cumulative effects on the road network would be severe or unacceptable. Finally, while there was also a concern raised about flooding no evidence has been submitted to support a refusal for that reason. Conditions 16. For the avoidance of doubt the development should be in accordance with the approved plans.
Slades Farm, Butterfly Lane, Elstree, Hertfordshire, WD6 3AD — Hertsmere Borough Council — Appeal Decision Having regard to the character and appearance of the area the materials should be as specified and a landscaping scheme should be approved and implemented. Finally, so as to avoid harm to protected species during the building process, construction practices should also be agreed. Conclusion 17. In the light of the above I conclude planning permission should be granted.
Slades Farm, Butterfly Lane, Elstree, Hertfordshire, WD6 3AD — Hertsmere Borough Council — Mr JP Sargent INSPECTOR https://www.gov.uk/planning-inspectorate 3
Slades Farm, Butterfly Lane, Elstree, Hertfordshire, WD6 3AD — Hertsmere Borough Council — Mr JP Sargent INSPECTOR https://www.gov.uk/planning-inspectorate 3
Slades Farm, Butterfly Lane, Elstree, Hertfordshire, WD6 3AD — Hertsmere Borough Council — Mr JP Sargent Appeal Decision APP/N1920/W/21/3277365 Conditions Schedule 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) Unless otherwise modified under the conditions below, the development shall be undertaken in accordance with the following plans: ALDESF-1-1-002B Proposed Site Plan; ALDESF-1-2-001B Proposed Floor Plan & Elevations; ALDESF-1-5-001C Site Location Plan 3) The materials used in the external surfaces of the development hereby permitted shall be in accordance with the details set out in the ‘Design and Access incorporating Planning Statement’ produced by SBRice (December 2020) namely: Walls - Concrete walling to a height of 3m with box profile steel cladding (olive green colour) above; Doors - galvanised steel roller shutter doors; and Roof - Marley Eternit Farmscape Anthracite Big Six profiled roofing sheets (dark grey matt finish) 4) Prior to commencement of development a landscaping scheme to include improvements to the existing belt of vegetation adjacent to Butterfly Lane and new hedge planting adjacent to the northern side of the building hereby permitted shall be submitted to and approved in writing by the local planning authority.
Slades Farm, Butterfly Lane, Elstree, Hertfordshire, WD6 3AD — Hertsmere Borough Council — Mr JP Sargent The approved scheme shall be implemented in the first planting season following the substantial completion of the development. If, within a period of 5 years from planting, any plants in the approved scheme die, become diseased, become damaged or are removed, they shall be replaced with others of a similar species no later than by the following planning season. 5) In order to prevent harm to protected species during construction works, stored materials (that might act as temporary resting places) shall be raised off the ground e.g. on pallets or batons; and any rubbish shall be cleared away at the end of each working day to minimise the risk of Great Crested Newts using the piles for shelter. In the event of Great Crested Newts being found, work must stop immediately, and ecological advice sought on how to proceed lawfully. Any excavations left open overnight should be covered or have mammal ramps (reinforced plywood board >60cm wide set at an angle of no greater than 30 degrees to the base of the pit) to ensure that any animals that enter can safely escape. Any open pipework with an outside diameter of greater than 120mm must be covered at the end of each working day to prevent animals entering / becoming trapped.
Slades Farm, Butterfly Lane, Elstree, Hertfordshire, WD6 3AD — Hertsmere Borough Council — Mr JP Sargent https://www.gov.uk/planning-inspectorate 4
Main issues and findings
Green belt For appellant ¶3
The Inspector agreed that the proposed agricultural building was for a legitimate agricultural purpose, making it an exception to the general rule against development in the Green Belt.
Heritage impact Against appellant ¶3
The Inspector considered the potential impact on the setting of the listed Slades Farm House and the Grade II listed Registered Park and Garden of Aldenham Park, but concluded that the development would not cause harm to their significance.
Other For appellant ¶12
The Inspector considered the potential impact on the setting of the listed Slades Farm House and the Grade II listed Registered Park and Garden of Aldenham Park, but concluded that the development would not cause harm to their significance.
Policies relied on
| Reference | Weight |
|---|---|
| National Planning Policy Framework 208 |
Limited |
| Core Strategy Policy CS13 |
Limited |
| Core Strategy Policy CS14 |
Limited |
| Site Allocations and Development Management Policies Plan SADM29 |
Limited |
Site constraints from the Casework Database
Source
Decision letter, 4 pages, issued by the Planning Inspectorate on 5 May 2022 under the Open Government Licence.