2 Drayton Barn New Cottages Alcester Road, STRATFORD-UPON-AVON, CV37 9RG
Stratford-on-Avon District Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 9 February 2022
- Authority
- Stratford-on-Avon District Council
- Inspector
- Thandi B
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Change of use
- Appellant
- Drayton Manor Farms Ltd
- Agent
- Stansgate Planning
- LPA reference
- 20/02992/FUL
- ONS LPA code
- E07000221
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 30 November 2021
Summary AI
The appeal was dismissed due to the proposed development's poor accessibility by sustainable modes of transport and its failure to meet the requirements of CS Policy AS.10 and NDP Policy E2.
PDF text
2 Drayton Barn New Cottages Alcester Road, STRATFORD-UPON-AVON, CV37 9RG — Stratford-on-Avon District Council — Appeal Decision Site visit made on 25 January 2022 by Bhupinder Thandi BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 09 February 2022 Appeal Ref: APP/J3720/W/21/3281683 1 and 2 Drayton Barn New Cottages, Alcester Road, Stratford-Upon-Avon CV37 9RQ • 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 Drayton Manor Farms Ltd against the decision of Stratford-on- Avon District Council. • The application Ref 20/02992/FUL, dated 26 October 2020, was refused by notice dated 30 March 2021. • The development proposed is change of use of two dwellinghouses to Class E (offices and the research and development of products or processes), associated car park and closure of Alcester Road (A46) access. Decision 1. The appeal is dismissed. Procedural Matters 2. The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020, amending the Town and Country Planning (Use Classes) Order 1987 have come into force. These amendments revoke the previous Class B1 (business) use and create a new broad ‘Commercial, business and service’ use, under Class E. The proposed development falls into this new Class E.
2 Drayton Barn New Cottages Alcester Road, STRATFORD-UPON-AVON, CV37 9RG — Stratford-on-Avon District Council — Appeal Decision Accordingly, I have taken the description of development from the appeal form as it reflects the amendment. 3. The revised National Planning Policy Framework (the Framework) has been published in the time between determination of the application and submission of the appeal. My decision is made in the context of the revised Framework and I am satisfied that no interested party has been prejudiced by my approach. 4. I have been made aware of the planning history relating to the site which includes planning permission for demolition of the properties and the construction of replacement dwellings. There is no evidence to suggest that this permission has been implemented or that it represents a comparable scheme to the one before me. It therefore has not influenced my decision. Main Issues 5. The main issues are: • The effect of the proposed development upon the character and appearance of the area; and https://www.gov.uk/planning-inspectorate
2 Drayton Barn New Cottages Alcester Road, STRATFORD-UPON-AVON, CV37 9RG — Stratford-on-Avon District Council — Appeal Decision Appeal Decision APP/J3720/W/21/3281683 • Whether the site is in a suitable location for office accommodation having regard to local and national policies for employment and accessibility to sustainable forms of transport. Reasons Character and appearance 6. The appeal site is formed of a pair of dwellings located on the southern side of the A46. The site is surrounded by open countryside, but it is also seen in the context of a commercial and industrial complex and a solar farm. These developments are accessed via Drayton Manor Drive and internal access roads positioned at the northern and southern ends of the complex. 7. During my site visit I observed parked cars and domestic paraphernalia on the site. Whilst the proposed development would lead to additional parked cars there is the potential for a similar quantity of paraphernalia including vehicles across the site, despite their domestic nature. The replacement of these items with commercial ones whilst resulting in a visual change would not, in my view, diminish the appearance of the countryside. 8. I acknowledge that there would be a degree of urbanisation because of the proposed development, including new hard surfaced parking areas.
2 Drayton Barn New Cottages Alcester Road, STRATFORD-UPON-AVON, CV37 9RG — Stratford-on-Avon District Council — Appeal Decision However, they would be well contained and would not encroach into the countryside. I am also satisfied that conditions for appropriate hard and soft landscaping could be imposed if I were minded to allow the appeal. This would ensure that the proposed development would not be visually prominent. 9. The proposed development may lead to a greater level of traffic and activity than currently generated by the use of the site. However, the nature of the traffic and activity would be consistent with nearby commercial units and would not be out of context. As such, it would have a negligible impact upon the rural character of the area. 10. I conclude that the proposed development would not adversely affect the rural character and appearance of the area. It would accord with Policies CS.5 and CS.9 of the Stratford-on-Avon Core Strategy (2015) (CS) which, amongst other things, require development to take place in a manner that minimises and mitigates its impact on landscape character and is sensitive to the setting of a site and the surrounding landscape. 11.
2 Drayton Barn New Cottages Alcester Road, STRATFORD-UPON-AVON, CV37 9RG — Stratford-on-Avon District Council — Appeal Decision It would also accord with Policies H4, BE5 and BE10 of the Stratford-upon-Avon Neighbourhood Development Plan (NDP) which, amongst other things, encourage the highest design standards and the sympathetic and appropriate conversion and reuse of existing buildings. Location of site 12. The appeal site is located within open countryside beyond the built-up area of Stratford-upon-Avon. With regard to developments outside of built-up area boundaries Policy AS.10 states that in order to maintain the vitality of rural communities and a strong rural economy, provision will be made for a wide range of activities and development in rural parts of the district. Parts (k) – (r) set out a number of business examples that will be supported in such areas. https://www.gov.uk/planning-inspectorate 2
2 Drayton Barn New Cottages Alcester Road, STRATFORD-UPON-AVON, CV37 9RG — Stratford-on-Avon District Council — Appeal Decision Appeal Decision APP/J3720/W/21/3281683 13. The appellant contends that the proposed development would fall within part (k) of the policy which supports the conversion of a building for business purposes subject to its location and character, including historic or architectural merit, being suitable for the proposed use and it having been in existence for at least 10 years. CS Policy CS.22 promotes economic development in sustainable locations. In respect of development in rural areas it defers to Policy AS.10. 14. I acknowledge that the site is located near to an existing employment site and the eastern edge of Stratford-upon-Avon. However, the site is not served by any footpaths making pedestrian access impractical. Based on the evidence before me, there are no bus stops or services within a reasonable distance of the site. Cycling to the site would be possible, however, given the absence of dedicated cycle lanes and the volume and speed of traffic along the A46 it is unlikely to be an attractive option. 15. It is acknowledged in the Framework in paragraph 105 that transport solutions vary between urban and rural areas.
2 Drayton Barn New Cottages Alcester Road, STRATFORD-UPON-AVON, CV37 9RG — Stratford-on-Avon District Council — Appeal Decision However, staff and visitors would be overwhelmingly reliant on private vehicles and the proposed development would have poor accessibility by sustainable modes of transport. 16. The site is located close to the A46, but due to the existing access being closed off, access would be from Drayton Manor Drive and the roads serving the business complex. Once off the public highway vehicles would have to follow a long and convoluted route through the complex to reach the proposed offices. In my view, the proposed development would not be conveniently accessible in relation to the A46. This combination of factors demonstrates that the appeal site is not in a location where a new business use would be considered acceptable. 17. The appellant contends that the proposed development would support the rural economy. However, whilst Drayton Manor Farm is an established employment site there is no substantive evidence to demonstrate a particular need for office units in this location, to support rural employment, that could be met in locations which are well served by public transport. 18.
2 Drayton Barn New Cottages Alcester Road, STRATFORD-UPON-AVON, CV37 9RG — Stratford-on-Avon District Council — Appeal Decision I conclude that the proposed development would not accord with CS Policy AS.10 which, amongst other things, states that in order to maintain a strong rural economy proposals will be thoroughly tested against the principles of sustainable development and permit the conversion of buildings for business subject to its location and character. It would also be contrary to NDP Policy E2 which, amongst other things, requires new employment opportunities to have easy access to the A46. Other Matters 19. The absence of objections from Highways England and local occupiers counts neither for nor against the proposal and is a neutral factor in the balance. So is the closing off of a substandard access onto the A46 and the installation of electric vehicle charging points. 20. I acknowledge that the proposed development would re-use an existing building and brownfield land and would not involve the loss of agricultural land. It would not unduly impact neighbouring occupiers or significantly increase https://www.gov.uk/planning-inspectorate 3
2 Drayton Barn New Cottages Alcester Road, STRATFORD-UPON-AVON, CV37 9RG — Stratford-on-Avon District Council — Appeal Decision Appeal Decision APP/J3720/W/21/3281683 traffic on the local highway network. However, these factors individually or cumulatively would not overcome the harm that I have identified. 21. I acknowledge that the Framework recognises that in order to support the rural economy sites to meet local business needs may have to be located beyond existing settlements. However, it also recognises that developments should exploit opportunities to make a location more sustainable, by improving the scope for access on foot, cycling or by public transport. Conclusion 22. For the reasons set out above the appeal does not succeed.
2 Drayton Barn New Cottages Alcester Road, STRATFORD-UPON-AVON, CV37 9RG — Stratford-on-Avon District Council — B Thandi INSPECTOR https://www.gov.uk/planning-inspectorate 4
Main issues and findings
Character and appearance Against appellant ¶7-10
The proposed development would not adversely affect the rural character and appearance of the area, and would accord with Policies CS.5 and CS.9 of the Stratford-on-Avon Core Strategy (2015).
Living conditions Against appellant ¶14-16
The site is not served by any footpaths, making pedestrian access impractical, and cycling to the site would be unlikely due to the absence of dedicated cycle lanes and the volume and speed of traffic along the A46.
Flood risk Neutral
Not mentioned in the decision letter.
Ecology and biodiversity Neutral
Not mentioned in the decision letter.
Green belt Neutral
Not mentioned in the decision letter.
Affordable housing Neutral
Not mentioned in the decision letter.
Heritage impact Neutral
Not mentioned in the decision letter.
Highway safety Neutral
Not mentioned in the decision letter.
Parking Neutral
Not mentioned in the decision letter.
Planning obligations Neutral
Not mentioned in the decision letter.
Conditions Neutral
Not mentioned in the decision letter.
External appearance Neutral
Not mentioned in the decision letter.
Other Against appellant ¶12-13
The proposed development would not be conveniently accessible in relation to the A46, and would not accord with CS Policy AS.10.
Policies relied on
| Reference | Weight |
|---|---|
| CS Policy AS.10 |
Substantial |
| NDP Policy E2 |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 4 pages, issued by the Planning Inspectorate on 9 February 2022 under the Open Government Licence.