Case 3282134

Land opposite Hampton Grove, Wigan Road, Clayton-le-Woods, Lancashire, PR25 5SB

Chorley Borough Council — appeal allowed

Outcome
Allowed
Decision date
5 April 2022
Authority
Chorley Borough Council
Inspector
Ellison H
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr M Shah
Agent
Steven Abbott Associates LLP
LPA reference
21/00557/PIP
ONS LPA code
E07000118
Jurisdiction
Transferred
Link status
Not Linked
Start date
29 December 2021

Summary AI

The inspector allowed the appeal for a residential development on a site in the Green Belt, considering it to be limited infilling that meets the exception at paragraph 149 (e) of the National Planning Policy Framework. The development will not harm the openness of the Green Belt or its purposes. The proposal will be acceptable in terms of land use, location, and amount of development, and accords with the Framework and the Chorley Local Plan.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Land opposite Hampton Grove, Wigan Road, Clayton-le-Woods, Lancashire, PR25 5SB — Chorley Borough Council — Appeal Decision Site visit made on 7 March 2022 by Hannah Ellison BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 5 April 2022 Appeal Ref: APP/D2320/W/21/3282134 Land between Thorntree House and Congham House, Wigan Road, Clayton-Le-Woods, Lancashire PR25 5SB • 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 M Shah against the decision of Chorley Borough Council. • The application Ref 21/00557/PIP, dated 4 May 2021, was refused by notice dated 9 July 2021. • The development proposed is permission in principle for up to two dwellings. Decision 1. The appeal is allowed and permission in principle is granted for a minimum of 1 dwelling and maximum of 2 dwellings on Land between Thorntree House and Congham House, Wigan Road, Clayton-Le-Woods, Lancashire PR25 5SB, in accordance with the terms of the application Ref 21/00557/PIP, dated 4 May 2021. Procedural Matters 2. The proposal is for permission in principle. The 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

Land opposite Hampton Grove, Wigan Road, Clayton-le-Woods, Lancashire, PR25 5SB — Chorley Borough Council — Appeal Decision The permission in principle consent route has 2 stages: the first stage (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 2 stages. 3. The scope of the considerations for permission in principle is limited to location, land use and the amount of development. 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. 4. The PPG also advises that any decision notice granting permission in principle must indicate the amount of residential development expressed as a range1. Accordingly, I have amended the description in my decision to refer to the minimum and maximum number of dwellings. 5. The site address above is taken from the planning application form, which is slightly different from the address included in the decision notice and appeal form. 1 Paragraph: 016 Reference ID: 58-016-20180615 https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Land opposite Hampton Grove, Wigan Road, Clayton-le-Woods, Lancashire, PR25 5SB — Chorley Borough Council — Appeal Decision Appeal Decision APP/D2320/W/21/3282134 Main Issue 6. Whether the site is suitable for residential development, having regard to location, land use and the amount of development proposed, with particular regard to whether the proposal would be inappropriate development in the Green Belt. Reasons 7. The appeal site is a smaller part of a large, undeveloped parcel of land on the western side of Wigan Road. Immediately to the south is a large, detached property and to the north is a considerable cluster of built form, comprising a dwelling, commercial uses and a substantial nursery site. There is built form on the opposite side of Wigan Road in the form of large housing developments. 8. My attention has not been drawn to any specific Green Belt policies within the Council’s development plan. The most up to date expression of national Green Belt policy is included within the National Planning Policy Framework (the Framework). The Framework makes it clear that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances.

Page 2 · Chunk 3 Appeal Decision

Land opposite Hampton Grove, Wigan Road, Clayton-le-Woods, Lancashire, PR25 5SB — Chorley Borough Council — Appeal Decision There are exceptions to this general restriction and paragraph 149 (e) advises that the construction of new buildings comprising limited infilling in villages is not inappropriate development. 9. The Council consider that, despite being outside of the settlement boundary, taking into account its close relationship with the surrounding development and the presence of nearby amenities, the appeal site forms part of an urban area that is commensurate with a village. I agree that the site is functionally, physically and visually part of a village. 10. The term limited infilling is not defined in the Framework. However, Policy HS7 of the Chorley Local Plan 2012 – 2026, Site Allocations and Development Management Policies, Development Plan Document (July 2015) (the LP) sets out that an infill development is the filling of a small gap in an otherwise built- up street frontage e.g. typically a gap which could be filled by one or possibly two houses of a type in keeping with the character of the street frontage. The policy also sets out criteria that must be met for proposals to constitute residential infilling in villages, including villages that are within the Green Belt. 11.

Page 2 · Chunk 4 Appeal Decision

Land opposite Hampton Grove, Wigan Road, Clayton-le-Woods, Lancashire, PR25 5SB — Chorley Borough Council — Appeal Decision The existing buildings immediately to the north of the appeal site are readily discernible from the public realm and create a built-up frontage for a considerable stretch along Wigan Road. To the south, despite the mature boundary treatments, the large properties adjoining Wigan Road are also apparent, as are the other properties on Moss Lane. Therefore, in the immediate locality there is a strong presence of built form and thus a clearly identifiable built-up frontage. 12. Although the appeal site currently interrupts this continuous pattern of development, it clearly lies within the frontage along the western side of Wigan Road due to the buildings on either side of the site. Taking this into account, the proposal would logically be seen as completing the prevailing pattern of development. 13. In coming to that view, I acknowledge that the site is of a generous length along Wigan Road and that this area between the existing built form currently has the impression of being a large site. However, the appeal site is restricted https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Land opposite Hampton Grove, Wigan Road, Clayton-le-Woods, Lancashire, PR25 5SB — Chorley Borough Council — Appeal Decision Appeal Decision APP/D2320/W/21/3282134 in depth and is commensurate with the plot sizes of the adjacent large properties. In this context, given the spacious character of the area, the appeal site is a small gap in the otherwise built-up frontage. 14. Furthermore, although the details of the proposal would be addressed in the technical details consent stage, taking into consideration the maximum number of dwellings proposed and the arrangement of the site, I can see no reason why the appeal site could not adequately accommodate up to two dwellings that would complement the character and setting of the wider area. 15. Taking all these factors together, the proposal would represent limited infilling in the Green Belt. It would therefore meet the exception at paragraph 149 (e) of the Framework thus would not therefore be inappropriate development in the Green Belt. As such, there is no need for a subsequent assessment on its effect on the openness of the Green Belt or its purposes. 16. Accordingly, the proposal would be acceptable in terms of land use, location and amount of development and, for these reasons, it therefore accords with Policy HS7 of the LP and the Framework. Other Matter 17.

Page 3 · Chunk 6 Appeal Decision

Land opposite Hampton Grove, Wigan Road, Clayton-le-Woods, Lancashire, PR25 5SB — Chorley Borough Council — Appeal Decision I have had regard to the concerns from a neighbouring resident regarding the effect of the proposal on wildlife. However, this is not a matter which falls within the scope of consideration of the permission in principle consent stage. This would be addressed as part of the technical details consent, the second stage of the process. Conditions 18. The PPG advises that it is not possible for conditions to be attached to a grant of permission in principle and its terms may only include the site location, the type and amount of development. Conclusion 19. For the reasons given above, having considered the development plan as a whole, along with all other material considerations, I conclude that the appeal should be allowed.

Page 3 · Chunk 7 H Ellison

Land opposite Hampton Grove, Wigan Road, Clayton-le-Woods, Lancashire, PR25 5SB — Chorley Borough Council — H Ellison 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

Green belt
For appellant
¶15

The appeal site is a small gap in the built-up frontage along Wigan Road, and the proposal would complete the prevailing pattern of development. The site is commensurate with the plot sizes of the adjacent large properties, and the maximum number of dwellings proposed would complement the character and setting of the wider area.

Policies relied on

Reference Weight
NPPF 149(e)
Determinative
Chorley Local Plan HS7
Substantial

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 5 April 2022 under the Open Government Licence.