Land Adj Old Grantham Road, Whatton, NG13 9EL
Rushcliffe Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 8 February 2022
- Authority
- Rushcliffe Borough Council
- Inspector
- Rose D
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Minor Dwellings
- Appellant
- Mr Philip Bentley
- Agent
- Grace Machin Planning & Property
- LPA reference
- 21/01456/FUL
- ONS LPA code
- E07000176
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 2 December 2021
Summary AI
The appeal was dismissed due to the proposed dwelling's impact on the character and appearance of the Whatton-in-the-Vale Conservation Area. The proposal was found to be in conflict with several policies in the Core Strategy and Local Plan.
PDF text
Land Adj Old Grantham Road, Whatton, NG13 9EL — Rushcliffe Borough Council — Appeal Decision Site visit made on 10 January 2022 by David M H Rose BA(Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 8 February 2022 Appeal Reference: APP/P3040/W/21/3280199 Land adjacent Old Grantham Road, Whatton-in-the-Vale, Nottinghamshire, NG13 9EL • 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 Philip Bentley against the decision of Rushcliffe Borough Council. • The application Reference 21/01456/FUL, dated 7 May 2021, was refused by notice dated 6 July 2021. • The development proposed is ‘Proposed New Build Single Storey Dwelling’. Decision 1. The appeal is dismissed. Preliminary matter 2. The Council has confirmed that it is not pursuing refusal reason 4 in light of the ecological appraisal submitted with the appeal. I am satisfied that I do not need to consider this matter further. Main Issue 3. The main issue is the effect of the proposal on the character and appearance of the Whatton-in-the-Vale Conservation Area. Reasons 4. Looking first at the Conservation Area, the designated area is distinctly rural in nature.
Land Adj Old Grantham Road, Whatton, NG13 9EL — Rushcliffe Borough Council — Appeal Decision It has several well-defined small character areas ranging from a somewhat informal built core around the lanes to the east of the church and a more diverse arrangement of buildings elsewhere. Open spaces within the Conservation Area are an integral component. 5. Old Grantham Road, within the vicinity of the appeal site, takes the form of a tree-lined avenue leading from the settlement into the open countryside. The north-eastern frontage, from where the proposed dwelling would gain access, is devoid of built development. In my opinion, the undeveloped nature of the appeal site makes a positive contribution to the character and appearance of the Conservation Area. 6. Although it is claimed that that the appeal site represents a logical infill plot, the site has, at the very best, a tenuous relationship with the built form of the village through its token proximity to the converted barn, known as The Threshing Barn, and its related group. The remaining boundaries abut open https://www.gov.uk/planning-inspectorate
Land Adj Old Grantham Road, Whatton, NG13 9EL — Rushcliffe Borough Council — Appeal Decision Appeal Decision APP/P3040/W/21/3280199 land, with a field, crossed by a public footpath, to the north-west and, to the south-east, part of the undeveloped frontage along the north-eastern side of Old Grantham Road. In my opinion, the proposal would not amount to small scale infilling within the meaning of paragraph 3.10 of the Local Plan1. 7. I note that the proposed single storey dwelling is intended to be discrete, set well-back from the frontage, within a former orchard/amenity land and reinforced by new planting. However, I consider that the dwelling as proposed, and its related residential curtilage, would be at odds with the spatial arrangement of established buildings to the north and north-east which take access from Church Street. Moreover, even on a glimpsed basis against the backdrop of established dwellings, the proposal would erode the continuous swathe of open land, behind the roadside hedgerow, which reinforces the overall rural character and appearance of Old Grantham Road. 8. Having regard to the above, I conclude that the proposal would neither preserve nor enhance the character and appearance of the Conservation Area as a whole.
Land Adj Old Grantham Road, Whatton, NG13 9EL — Rushcliffe Borough Council — Appeal Decision The proposal would thus be in conflict with Policy 11: 1 of the Core Strategy2 and Policy 28: 2 b), c) and d) of the Local Plan. 9. Turning to paragraph 202 of the Framework3, the proposal would amount to less than substantial harm to the designated heritage asset. Nonetheless, considerable importance and weight is to be given to such harm. In my opinion, the claimed public benefits of social, economic and environmental sustainability would be very minor, even with access to public transport, having regard to the limited scale of the development and the degree to which it might support local services in nearby villages. The combined benefits would not be sufficient to outweigh the harm to the character and appearance of the Conservation Area. 10. In terms of other considerations, Whatton-in-the-Vale is to be regarded as an ‘other settlement’ within the meaning of Policy 3 of the Core Strategy where development will be for local needs only. There is no assessment of local needs and the claimed ‘need’ appears to be personal to the aspirations of the Appellant. 11. Nonetheless, housing development on unallocated sites within settlements falls to be assessed against the criteria in Local Plan Policy 11.
Land Adj Old Grantham Road, Whatton, NG13 9EL — Rushcliffe Borough Council — Appeal Decision In light of my findings above, the proposal would also be at odds with criterion 1c), in particular, by reference to the effect on the character of the area, conflict with the pattern of development and the erosion of the site’s contribution to the amenity of the surrounding area by virtue of its open nature. 12. I acknowledge that the proposed dwelling has been designed in a traditional manner to reflect the characteristics of a converted barn with sustainability in mind. Nonetheless, the loss of open character, the conflict with the established pattern of development and adverse impact on a designated heritage asset would run contrary to Core Strategy Policy 10: 1 c), 2 a) and 4). Similarly, conflict would arise with Local Plan Policy 1: 9 relating to the character and appearance of the Conservation Area. 1 Rushcliffe Local Plan Part 2: Land and Planning Policies 2 Rushcliffe Borough Local Plan Part 1: Core Strategy 3 The National Planning Policy Framework https://www.gov.uk/planning-inspectorate 2
Land Adj Old Grantham Road, Whatton, NG13 9EL — Rushcliffe Borough Council — Appeal Decision Appeal Decision APP/P3040/W/21/3280199 13. I have also taken account of the expressed intention, referred to in the grounds of appeal, that the dwelling would be a self-build project reflecting the Government’s commitment to the contribution that such projects can make to the supply and diversity of house building. The support for such projects in the Local Plan is, however, qualified by requiring compliance with all other policies including historic designations. The proposal would thus be in conflict with Local Plan Policy 13: 1 a). 14. I note that the Appellant highlights a number of policies in the development plan that are prayed in aid to support the proposal. However, the policies which I have identified, as set out above, are the most important polices related to the principle of the development, and the statutory duty in Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990. On this basis, I conclude that the proposal would be in conflict with the development plan when read as a whole. 15. In light of my findings set out above, and having considered all other matters raised, I dismiss the appeal.
Land Adj Old Grantham Road, Whatton, NG13 9EL — Rushcliffe Borough Council — David MH Rose Inspector https://www.gov.uk/planning-inspectorate 3
Main issues and findings
Heritage impact Against appellant ¶9
The proposal would amount to less than substantial harm to the designated heritage asset, but the claimed public benefits of social, economic and environmental sustainability would be very minor.
Living conditions Against appellant ¶10
The proposed dwelling would be at odds with criterion 1c) of Local Plan Policy 11, as it would conflict with the pattern of development and the erosion of the site's contribution to the amenity of the surrounding area.
Living conditions Against appellant ¶12
The loss of open character, the conflict with the established pattern of development, and the adverse impact on a designated heritage asset would run contrary to Core Strategy Policy 10: 1 c), 2 a) and 4).
External appearance Against appellant ¶7
The dwelling as proposed, and its related residential curtilage, would be at odds with the spatial arrangement of established buildings to the north and north-east which take access from Church Street.
Green belt Against appellant ¶11
The proposal would also be at odds with criterion 1c) of Local Plan Policy 11, as it would conflict with the pattern of development and the erosion of the site's contribution to the amenity of the surrounding area.
Living conditions Against appellant ¶13
The proposal would be in conflict with Local Plan Policy 13: 1 a), as it would not comply with the requirement to reflect the characteristics of the surrounding area.
Policies relied on
| Reference | Weight |
|---|---|
| Policy 11: 1 of the Core Strategy |
Determinative |
| Policy 28: 2 b), c) and d) of the Local Plan |
Determinative |
| Paragraph 202 of the Framework |
Substantial |
| Core Strategy Policy 10: 1 c), 2 a) and 4) |
Determinative |
| Local Plan Policy 1: 9 |
Determinative |
| Local Plan Policy 13: 1 a) |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 3 pages, issued by the Planning Inspectorate on 8 February 2022 under the Open Government Licence.