Case 3279010

Brookelands Tewkesbury Road, Norton, GLOUCESTER, GL2 9LG

Tewkesbury Borough Council — appeal allowed

Outcome
Allowed
Decision date
18 March 2022
Authority
Tewkesbury Borough Council
Inspector
Law T
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Unknown
Development type
Minor Dwellings
Appellant
Mr Robert Boote
Agent
SF Planning Ltd
LPA reference
21/00175/PIP
ONS LPA code
E07000083
Jurisdiction
Transferred
Link status
Not Linked
Start date
27 August 2021

Summary AI

The appeal is allowed as the proposed development would be in a suitable location for housing and would not harm the character and appearance of the immediate and wider area. The development would tie into the built form to the north and the extant permission to the south and would be consistent with the wider pattern of development along the A38. The retention of the hedgerow would largely screen the proposed dwellings from the wider area.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Brookelands Tewkesbury Road, Norton, GLOUCESTER, GL2 9LG — Tewkesbury Borough Council — Appeal Decision Site visit made on 19 October 2021 by Tamsin Law BSc MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 18 March 2022 Appeal Ref: APP/G1630/W/21/3279010 Brookelands Tewkesbury Road, Norton, Gloucester GL2 9LG • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant permission in principle. • The appeal is made by Mr Robert Boote against the decision of Tewkesbury Borough Council. • The application Ref 21/00175/PIP, dated 4 February 2021, was refused by notice dated 24 May 2021. • The development proposed is described as permission in principle application for the development of up to 9no. dwellings. Decision 1. The appeal is allowed and permission in principle is granted for residential development comprising a minimum of 1 and a maximum of 9 dwellings at Brookelands Tewkesbury Road, Norton, Gloucester GL2 9LG in accordance with the terms of the application, Ref 21/00175/PIP, dated 4 February 2021. Preliminary Matters 2. The proposal is for permission in principle. Planning Practice Guidance (PPG) advises that this is an alternative way of obtaining planning permission for housing-led development.

Page 1 · Chunk 1 Appeal Decision

Brookelands Tewkesbury Road, Norton, GLOUCESTER, GL2 9LG — Tewkesbury Borough Council — Appeal Decision The permission in principle consent route has two stages: the first stage (or permission in principle stage) establishes whether a site is suitable in-principle and the second stage (‘technical details consent’) is when the detailed development proposals are assessed. This appeal relates to the first of these two stages. 3. The scope of the considerations for permission in principle is limited to location, land use and the amount of development permitted. All other matters are considered as part of a subsequent Technical Details Consent application if permission in principle is granted. I have determined the appeal accordingly. Main Issue 4. The main issue is whether the location of the proposed development would be acceptable, having regard to the character and appearance of the area. Reasons 5. The appeal site is an undeveloped parcel of agricultural land located to the west of the A38 and between the villages of Norton and Twigworth. Its boundaries are marked by mature hedgerows and landscaping to the north and east with the south and west being open. The A38 adjoins the site to the east and provides access. Norton and Twigworth are located approximately 0.5 miles https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Brookelands Tewkesbury Road, Norton, GLOUCESTER, GL2 9LG — Tewkesbury Borough Council — Appeal Decision Appeal Decision APP/G1630/W/21/3279010 from the appeal site and a pavement runs the length of the A38 between both villages. 6. Whilst the site is currently a parcel of agricultural land, the wider area is characterised by clusters of buildings adjacent to the A38 lending a suburban character to the area. The tall mature hedgerow that runs along the A38 provides a pleasant buffer between the road and other built development but offers little view of the wider agricultural land. 7. Policy SP2 of the Gloucester, Cheltenham and Tewkesbury Joint Core Strategy 2017 (JCS) controls the distribution of development in the area. Under the policy, the proposal is not within a rural service centre or service village and is subject to Policy SD10 of the JCS, which applies to residential development in other rural areas. Under Policy H1 of the Down Hatherley, Norton and Twigworth Neighbourhood Plan 2019 (NDP) proposals outside defined settlement boundaries are allowed as exceptions under policies in the JCS and in particular, Policy SD10 of the JCS. 8. Accordingly, Part ii of Policy SD10 of the JCS allows development where it would comprise infilling within existing built up areas of towns and villages.

Page 2 · Chunk 3 Appeal Decision

Brookelands Tewkesbury Road, Norton, GLOUCESTER, GL2 9LG — Tewkesbury Borough Council — Appeal Decision Additionally, Policy SD10 does not require development to be located within the settlement boundary but within a built up area. 9. During my site visit I noted that buildings had developed sporadically over time along the A38 between Norton and Twigworth. To the north of the site is a barn with newly constructed housing development and to the south is an area of open land that benefits from extant planning permission for 5 dwellings. Opposite the site is a row of detached dwellings which leads to a large cluster of dwellings on Broadclose Road. 10. Given the site’s position amongst existing and proposed development it would be reasonable to conclude that the appeal site is in a built-up area. Additionally, both Norton and Twigworth are within 0.5 miles of the site and accessible via a fairly straight road served by a pavement, meaning that future occupiers could walk and cycle to nearby services and facilities. 11. There is a significant extent of mature hedgerow along the site frontage that screens it when views are taken from the east. As such, open views of the countryside are not currently available, and the field does not present itself as a gap in built form.

Page 2 · Chunk 4 Appeal Decision

Brookelands Tewkesbury Road, Norton, GLOUCESTER, GL2 9LG — Tewkesbury Borough Council — Appeal Decision The proposal would introduce nine dwellings at the site, that would tie into the built form to the north and the extant permission to the south and would be consistent with the wider pattern of development along the A38. 12. The submission details the retention of the hedgerow along the site frontage of this and the adjacent site, with a section removed for access. The retention of the hedgerow would largely screen the proposed dwellings from the wider area, in particular vehicles travelling along the A38. Nevertheless, when visible, the dwellings would be seen as part of the existing built development along the A38 and would not appear as prominent or discordant with the character and appearance of the area. The retention of the hedgerow also ensures that the pleasant buffer between development is retained. 13. For the reasons set out above, the proposed development would be in a suitable location for housing and would not harm the character and appearance https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Brookelands Tewkesbury Road, Norton, GLOUCESTER, GL2 9LG — Tewkesbury Borough Council — Appeal Decision Appeal Decision APP/G1630/W/21/3279010 of the immediate and wider area. Accordingly, I find no conflict with Policies SP2, SD4, SD6 and SD10 of the JCS and Policies H1 and E2 of the NDP which seek, amongst other things, to ensure that development is well related to existing buildings, respects the pattern of development and responds positively to the character of the site and its surroundings. The proposed development would also comply with paragraphs 8 and 130 of the Framework which seek to ensure development is accessible to services and facilities and are visually attractive and sympathetic to local character. Other Matters 14. The Council’s ecological advisor sets out that the appeal site has the potential to affect wildlife habitat which could include protected species. I note the Council has not refused planning permission for this reason and mindful of the scope and extent of a planning permission for permission in principle, this is a matter which should be dealt with as part of a submission for technical details consent. The same would apply to any request to consider conditions in regard to a construction management plan. Conclusion 15.

Page 3 · Chunk 6 Appeal Decision

Brookelands Tewkesbury Road, Norton, GLOUCESTER, GL2 9LG — Tewkesbury Borough Council — Appeal Decision The appeal scheme would accord with the development plan and there are no material considerations worthy of sufficient weight that would indicate a decision otherwise. The appeal should therefore be allowed.

Page 3 · Chunk 7 Tamsin Law

Brookelands Tewkesbury Road, Norton, GLOUCESTER, GL2 9LG — Tewkesbury Borough Council — Tamsin Law 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

Character and appearance
For appellant
¶4

The appeal site is located amongst existing and proposed development, making it a built-up area. The proposed development would tie into the built form to the north and the extant permission to the south and would be consistent with the wider pattern of development along the A38.

Character and appearance
For appellant
¶12

The retention of the hedgerow would largely screen the proposed dwellings from the wider area, and when visible, the dwellings would be seen as part of the existing built development along the A38.

Policies relied on

Reference Weight
JCS SP2
Unclear
JCS SD10
Unclear
JCS SD4
Unclear
JCS SD6
Unclear
NDP H1
Unclear
NDP E2
Unclear

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 18 March 2022 under the Open Government Licence.