Case 3283083

1 Wood Bottom Farm Cottages, Rawdon, Leeds, West Yorkshire, LS19 6JS

Leeds City Council — appeal dismissed

Outcome
Dismissed
Decision date
20 December 2021
Authority
Leeds City Council
Inspector
Caines A
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Dr Andrea Bell
LPA reference
21/00068/FU
ONS LPA code
E08000035
Jurisdiction
Transferred
Link status
Not Linked
Start date
29 September 2021

Summary AI

The appeal to convert a field for parking was dismissed due to the development's inappropriateness in the Green Belt and harm to the conservation area. The inspector considered the National Planning Policy Framework and the local development plan, finding that the harm outweighed any benefits. The appeal was dismissed due to the lack of very special circumstances to justify the proposal.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

1 Wood Bottom Farm Cottages, Rawdon, Leeds, West Yorkshire, LS19 6JS — Leeds City Council — Appeal Decision Site visit made on 9 December 2021 by A Caines BSc (Hons) MSc TP MRTPI an Inspector appointed by the Secretary of State Decision date: 20 December 2021 Appeal Ref: APP/N4720/W/21/3283083 Elm Cottage, 1 Wood Bottom Farm Cottages, Rawdon, Leeds LS19 6JS • 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 Dr Andrea Bell against the decision of Leeds City Council. • The application Ref 21/00068/FU, dated 4 January 2021, was refused by notice dated 17 March 2021. • The development proposed is described on the application form as “We would like to apply for change of use to be able to park a vehicle. We currently can’t park on the driveway as we have to leave access at all times for our neighbour and for the farmer so would like somewhere for our vehicles and visitors to be able to park out of the way. There is no roadside parking nearby. The work would involve levelling the soil and putting down some Terram membrane to allow drainage covered with limestone chipping to be in keeping with the surrounding area.” Decision 1. The appeal is dismissed. Preliminary Matters 2.

Page 1 · Chunk 1 Appeal Decision

1 Wood Bottom Farm Cottages, Rawdon, Leeds, West Yorkshire, LS19 6JS — Leeds City Council — Appeal Decision It is clear from the appeal details and my site visit that the proposal is retrospective. I have considered the appeal accordingly. 3. On 20 July 2021, the Government published a revised National Planning Policy Framework (the Framework). Other than a change to the relevant paragraph numbers, the revised Framework does not materially alter the national policy approach in respect of the main issues raised in this appeal. I have determined the appeal on the basis of the revised Framework. Main Issues 4. The main issues are: • Whether the proposal amounts to inappropriate development in the Green Belt; • Whether the development would preserve or enhance the character or appearance of the Rawdon Cragg Wood Conservation Area; and • If the proposal is inappropriate development, whether harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the proposal. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

1 Wood Bottom Farm Cottages, Rawdon, Leeds, West Yorkshire, LS19 6JS — Leeds City Council — Appeal Decision Appeal Decision APP/N4720/W/21/3283083 Reasons Inappropriateness 5. The appeal site is within the Green Belt. The Framework identifies that the fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open; the essential characteristics of Green Belts are their openness and their permanence. 6. Paragraph 150 of the Framework specifies that engineering operations and material changes in the use of land are not inappropriate within the Green Belt, providing they preserve its openness and do not conflict with the purposes of including land within it. Openness has generally been held to be the absence of development and it has both a spatial and visual aspect. 7. From the evidence before me the site was previously part of a larger open agricultural field, free from built development. However, at the time of my inspection the site was already enclosed by a new dry stone wall, and part of the site was covered in light-coloured limestone chippings. Notwithstanding the appellants submissions, I observed that the development, which includes the dry stone walls, is clearly apparent from the adjacent public right of way (PROW) and from further along the access track.

Page 2 · Chunk 3 Appeal Decision

1 Wood Bottom Farm Cottages, Rawdon, Leeds, West Yorkshire, LS19 6JS — Leeds City Council — Appeal Decision Furthermore, Section 9 of the application form states that the proposal would provide parking for 3 cars, although the appellant states this would be rare. The presence of any number of cars and associated activity would add further to the visual impact. 8. Taken as a whole, the development carried out has resulted in the encroachment of built development into an open area of land where previously none existed, with a subsequent loss of openness in both visual and spatial terms. The encroachment into open countryside also conflicts with one of the purposes of Green Belt. 9. It has been suggested that new planting could be introduced to help screen the development. However, this would not remove the spatial loss of openness arising from the physical presence of the development and would in itself cause a loss of openness from enclosure and obstruction of views of the open countryside from the adjacent PROW. Furthermore, while the use of a more subtle surface treatment may help to reduce the visual prominence of that particular aspect of the development, it would not alter the visual impact from the cars parked upon it, nor the effect of the enclosure of the land. 10.

Page 2 · Chunk 4 Appeal Decision

1 Wood Bottom Farm Cottages, Rawdon, Leeds, West Yorkshire, LS19 6JS — Leeds City Council — Appeal Decision Due to the scale of the development, the harm in respect of openness and encroachment can be classed as limited in degree. Nevertheless, the development has not preserved the openness of the Green Belt and represents encroachment into the countryside contrary to the Green Belt purposes. As a consequence, the development does not fall to be considered as an exception under paragraph 150 of the Framework. 11. In conclusion on this issue, the proposal is inappropriate development in the Green Belt and, by definition, harmful to the Green Belt. This is a matter of substantial weight. Rawdon Cragg Wood Conservation Area 12. The appeal site lies within the Rawdon Cragg Wood Conservation Area (the CA), which encompasses Victorian villas set within spacious grounds, https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

1 Wood Bottom Farm Cottages, Rawdon, Leeds, West Yorkshire, LS19 6JS — Leeds City Council — Appeal Decision Appeal Decision APP/N4720/W/21/3283083 vernacular farmsteads, and the surrounding landscape. Hence, its significance is derived, in part, from its highly rural character. The appeal site is an essential part of that rural character. 13. I have already set out in relation to the Green Belt that the development has encroached into a formerly open agricultural field, introducing additional enclosures and hardsurfacing, as well as the presence of cars and associated activity. The harm I have identified in these regards also harmfully erodes the rural character of the area, and hence harms the significance of the CA. 14. The quality of the dry stone walling diminishes the harm somewhat, but does not completely remove it, especially when the development is considered as a whole. Furthermore, landscaping should be used to enhance good development, not to hide what is harmful, and in any event, there would be implications for Green Belt openness, as stated. As such, landscaping would not overcome the harm identified. Nor, for the reasons given, would alternative hard surfacing materials. 15.

Page 3 · Chunk 6 Appeal Decision

1 Wood Bottom Farm Cottages, Rawdon, Leeds, West Yorkshire, LS19 6JS — Leeds City Council — Appeal Decision There is already some existing encroachment from the adjacent garage and gardens to the south, but whilst this provides some context, it should not be seen as validation for the introduction of further harmful development at the appeal site. I must, in any event, consider the appeal on its own planning merits, and I have found that the development is harmful for its own specific reasons. 16. In conclusion on this issue, the development is harmful to the significance of the CA as a whole and has therefore failed to preserve its character or appearance, although that harm would be less than substantial. Other considerations 17. The appellant states that there is insufficient parking for contractors or social visitors to the property and has highlighted various concerns in respect of personal safety and accessibility. The additional parking spaces would represent an improvement in these regards. However, given the small scale of the development, its private nature, and that, by the appellants own admission, the need for the additional parking would be very rare, I attach very limited weight to these benefits. 18.

Page 3 · Chunk 7 Appeal Decision

1 Wood Bottom Farm Cottages, Rawdon, Leeds, West Yorkshire, LS19 6JS — Leeds City Council — Appeal Decision The appellant has carried out improvements to the existing boundary walls and is committed to improving biodiversity, but such benefits could be carried out regardless, so do not weigh in favour of the scheme. 19. A lack of objections does not, in and of itself, make the development acceptable, so this is not a factor that weighs in favour of the scheme. 20. I have noted the appellants claims with regard to receiving ambiguous advice from the Council. However, that does not alter my consideration of the planning merits of this case. Planning Balance 21. The Framework states that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. For the reasons stated above I consider that the proposal is inappropriate development. The development would also lead to harm in https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 8 Appeal Decision

1 Wood Bottom Farm Cottages, Rawdon, Leeds, West Yorkshire, LS19 6JS — Leeds City Council — Appeal Decision Appeal Decision APP/N4720/W/21/3283083 respect of openness and conflict with one of the purposes of Green Belt. Substantial weight is to be given to any harm to the Green Belt. 22. I have also concluded that the character or appearance of the CA would not be preserved. Whilst the harm to the CA would be less than substantial, that is nevertheless a matter of considerable importance and weight. When considered against Framework paragraph 202, there are no public benefits in this case to outweigh that harm. Thus, the proposal is contrary to the Framework in terms of conserving and enhancing the historic environment. Similarly, the proposal would conflict with Policies P10 and P11 of the Leeds Core Strategy (as amended by the Core Strategy Selective Review 2019) (the CS), and saved Policy N19 of the Leeds Unitary Development Plan (Review 2006) Volume 1: Written Statement (the UDP), insofar as they seek to conserve and enhance the historic environment and landscapes. 23. On analysis of all the above, the harm by reason of inappropriateness, and the other areas of harm I have found, is not clearly outweighed by other considerations. Consequently, the very special circumstances necessary to justify the proposal do not exist.

Page 4 · Chunk 9 Appeal Decision

1 Wood Bottom Farm Cottages, Rawdon, Leeds, West Yorkshire, LS19 6JS — Leeds City Council — Appeal Decision The proposal therefore also conflicts with Policy N33 of the UDP, which seeks to protect the Green Belt. Conclusion 24. The proposal does not accord with the development plan when read as a whole and there are no other considerations, including the Framework, that outweigh this conflict. Accordingly, the appeal should be dismissed.

Page 4 · Chunk 10 A Caines

1 Wood Bottom Farm Cottages, Rawdon, Leeds, West Yorkshire, LS19 6JS — Leeds City Council — A Caines INSPECTOR https://www.gov.uk/planning-inspectorate 4

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Green belt
Against appellant
¶5

The development encroached into an open agricultural field, introducing built development and causing a loss of openness in the Green Belt.

Green belt
Against appellant
¶10

The harm in respect of openness and encroachment was limited in degree, but the development still represented encroachment into the countryside contrary to the Green Belt purposes.

Heritage impact
Against appellant
¶12

The development harmfully eroded the rural character of the Rawdon Cragg Wood Conservation Area, and hence harmed its significance.

Heritage impact
Against appellant
¶14

The development's harm was not completely removed by the quality of the dry stone walling, and landscaping would not overcome the harm identified.

Living conditions
For appellant
¶17

The additional parking spaces would represent an improvement in respect of personal safety and accessibility.

Living conditions
For appellant
¶18

The appellant had carried out improvements to the existing boundary walls and was committed to improving biodiversity.

Policies relied on

Reference Weight
NPPF 150
Substantial
P10 of the Leeds Core Strategy
Substantial
P11 of the Leeds Core Strategy
Substantial
Saved Policy N19 of the Leeds Unitary Development Plan
Substantial
Policy N33 of the UDP
Substantial

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 4 pages, issued by the Planning Inspectorate on 20 December 2021 under the Open Government Licence.