Case 3284128

Bainbridge Farm, Wey Street, Snave, Ashford, Kent, TN26 2QH

Folkestone and Hythe District Council — appeal dismissed

Outcome
Dismissed
Decision date
25 January 2023
Authority
Folkestone and Hythe District Council
Inspector
Pattison B
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr Neil Davies
LPA reference
20/1233/FH
ONS LPA code
E07000112
Jurisdiction
Transferred
Link status
Not Linked
Start date
3 March 2022

Summary AI

The appeal for an agricultural dwelling at Bainbridge Farm was dismissed due to concerns over the dwelling's design and impact on the local landscape. While the inspector found that the dwelling would not be excessively large for the farm's needs, the proposed design would harm the character and appearance of the area.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Bainbridge Farm, Wey Street, Snave, Ashford, Kent, TN26 2QH — Folkestone and Hythe District Council — Appeal Decision Site visit made on 13 September 2022 by B Pattison BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 18 JANUARY 2023 Appeal Ref: APP/L2250/W/21/3284128 Bainbridge Farm, Wey Street, Snave, TN26 2QH • 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 Davies against the decision of Folkestone and Hythe District Council. • The application Ref 20/1233/FH, dated 26 August 2020, was refused by notice dated 19 April 2021. • The development proposed is described an application for erection of an agricultural dwelling. Decision 1. The appeal is dismissed. Preliminary Matters 2. I have taken the description of development from the Council’s decision notice and the appellant’s appeal form as this more accurately describes the appeal proposal. 3. Since the determination of the planning application, the Council adopted the Folkestone & Hythe District Core Strategy Review (2022) (CSR) and revoked the Shepway Core Strategy (2013) (SCS). The Council’s reasons for refusal did not refer to policies from the CSR which were, at that time, emerging policies.

Page 1 · Chunk 1 Appeal Decision

Bainbridge Farm, Wey Street, Snave, Ashford, Kent, TN26 2QH — Folkestone and Hythe District Council — Appeal Decision However, during the appeal, the Council provided an update on the adoption of the CSR and alleged conflict with CSR policy CSD4. 4. Policy CSD4 requires that development must not jeopardise the protection and enhancement of the distinctive and diverse local landscapes throughout the district. It is an updated version of SCS policy CSD4 which also sets out the same requirement that development must not jeopardise the protection and enhancement of distinctive and diverse local landscapes. Main Issues 5. The parties agree that there is a functional need for at least one worker to live on the farm, and that the agricultural business is well established. 6. The main issues are: • the effect of the development on the rural character and appearance of the area; and • whether there is justification for an agricultural dwelling of the size proposed. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Bainbridge Farm, Wey Street, Snave, Ashford, Kent, TN26 2QH — Folkestone and Hythe District Council — Appeal Decision Appeal Decision APP/L2250/W/21/3284128 Reasons Character and appearance 7. The proposed dwelling would be sited within the “Horse Field” to the east of the main farmhouse, which is a two storey detached dwelling with a hipped roof and red brick elevations. Its location is adjacent to a number of agricultural sheds which are in use as part of the farm business. This would ensure a close visual relationship with the existing farm buildings which would prevent the dwelling from projecting significantly into the surrounding agricultural land and appearing isolated. Consequently, the siting of the proposed dwelling is such that it would appear as part of the existing cluster of buildings. 8. The countryside surrounding the appeal site lies within a designated Local Landscape Area. The immediate area consists of a flat, largely undeveloped agricultural landscape with sporadic housing development along Wey Street. Views from Wey Street of the proposed dwelling would be partially screened by the hedgerow on the site’s boundary with the road, albeit the upper parts of the building would be visible, as would glimpses of the building through occasional gaps in the hedgerow.

Page 2 · Chunk 3 Appeal Decision

Bainbridge Farm, Wey Street, Snave, Ashford, Kent, TN26 2QH — Folkestone and Hythe District Council — Appeal Decision Views of the proposed building would also be possible from the surrounding agricultural land. An access road to the dwelling from the farm’s principal entrance is proposed, but this would not be prominent given the hedgerow screening on Wey Street. 9. The flat roof building form would distinguish the new dwelling from the original hipped roof farmhouse. The appellant also suggests that chosen roof form would lower the building’s profile in the landscape compared to a pitched roof construction. Whilst this may be the case, the dwelling would have a stair enclosure and additional accommodation, essential forming a partial additional storey. This would be wide and bulky, giving the proposed building a squat appearance. Whilst the roof terrace would minimise the extent of agricultural land which would be used as formal garden, the large structure at roof level would be visually striking and would increase the prominence of the dwelling. Furthermore, high level flue would raise noticeably higher than the stair enclosure, giving the dwelling an uncharacteristically urban appearance. 10.

Page 2 · Chunk 4 Appeal Decision

Bainbridge Farm, Wey Street, Snave, Ashford, Kent, TN26 2QH — Folkestone and Hythe District Council — Appeal Decision There is variation in the building styles of existing dwellings on Wey Street, and the appellant has identified other flat roofed dwellings within the local area on Ivychurch Road. However, these do not have rooftop structures atop their principal roofs which increase the prominence of the dwellings in the same manner. Whilst the dwelling would not directly address Wey Street, it would still be visible in a range of views around the site. Accordingly, the prominent rooftop structure would be incongruous and would create a dominant building which would have a harmful impact on the rural character of this Local Landscape Area. 11. The proposed facing materials of zinc and timber would match the grey material palette of the sheds which the dwelling would be adjacent to. The materials would also clearly distinguish the new dwelling from the original farmhouse. Notwithstanding the concerns identified above in relation to the prominence of the rooftop structures, the material palette is considered appropriate within this rural location. 12. My attention has been drawn to a dwelling recently approved by the Council which uses similar materials to those proposed within the appeal development.

Page 2 · Chunk 5 Appeal Decision

Bainbridge Farm, Wey Street, Snave, Ashford, Kent, TN26 2QH — Folkestone and Hythe District Council — Appeal Decision https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 6 Appeal Decision

Bainbridge Farm, Wey Street, Snave, Ashford, Kent, TN26 2QH — Folkestone and Hythe District Council — Appeal Decision https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/L2250/W/21/3284128 Whilst this establishes that similar materials have been used locally, this fact alone does not overcome my concerns about the overall design of the dwelling. In any case, I have determined the appeal on its own merits, based on the evidence before me. 13. For the above reasons, I conclude that the proposed dwelling would be incongruous addition which would harm the character and appearance of the designated Local Landscape Area. I therefore find that it would conflict with Policy CSD4 of the CSR and Policies HB1 and NE3 of the Places and Policies Local Plan (2020). Amongst other aspects, these policies seek to secure development of a high standard of design which positively contributes to the existing character of the area. Justification for an agricultural dwelling of the size proposed 14. Both parties agree that the farm is a longstanding enterprise which is likely to remain financially viable in the future. The current farmer is reaching retirement age and wishes to hand over responsibilities for running the farm to his daughter, who is the appellant and currently lives off-site.

Page 3 · Chunk 7 Appeal Decision

Bainbridge Farm, Wey Street, Snave, Ashford, Kent, TN26 2QH — Folkestone and Hythe District Council — Appeal Decision The current farmer would remain within the existing farmhouse, whilst the appellant and her family would move into the new dwelling. Given the nature of activities and farming tasks which require 24 hour access to the farm, both parties agree that there is an operational requirement for a new agricultural dwelling. 15. The Council does not accept that the proposed four bedroom house, which would have a gross internal area (GIA) of 170 square metres, would be commensurate with the reasonable needs of the business. Although no specific guidance on the size of an agricultural worker’s dwelling is offered within Policy HB7 of the PPLP or the Framework, the Council makes its judgement on size based on the functional need of the enterprise and supporting text within paragraph 9.52 of the PPLP. This states that unusually large dwellings in relation to the staff needs of the enterprise, or expensive construction in relation to an enterprise's income, will not be permitted. 16. The accommodation would comprise a utility area, study, principal bedroom with en-suite and secondary bedroom at ground floor level. The first floor would comprise a further two bedrooms, a WC and a kitchen/living area.

Page 3 · Chunk 8 Appeal Decision

Bainbridge Farm, Wey Street, Snave, Ashford, Kent, TN26 2QH — Folkestone and Hythe District Council — Appeal Decision The appellant explains that the study and large utility area at ground floor are required for the running of the farm enterprise. This includes the storage and preparation of feed, cleaning and storage of equipment. Whilst the total floor area is reasonably sizeable, the amount of living accommodation and limited garden space to be provided would not be excessive. The appellant’s family is made up of four people, including two children. The Council’s Rural Planning Consultant highlights that figures supplied by the appellant show that the average annual profit for the farm is considered sufficient to support the wage for a single farm worker. However, it is appropriate to consider the need for residential accommodation in the context of the requirements for the whole family, rather than purely in terms of a potential farm owner or employee. 17. The Nationally Described Space Standards (2015) (NDSS) set a minimum of 106 square metres GIA for a four bedroom, six person house. This is a minimum requirement for a new dwelling to provide satisfactory living conditions and no maximum size is detailed.

Page 3 · Chunk 9 Appeal Decision

Bainbridge Farm, Wey Street, Snave, Ashford, Kent, TN26 2QH — Folkestone and Hythe District Council — Appeal Decision The proposed 170 square metres GIA floor area is not excessive for a family home, which would have a dual function providing the office base for the enterprise. https://www.gov.uk/planning-inspectorate 3

Page 3 · Chunk 10 Appeal Decision

Bainbridge Farm, Wey Street, Snave, Ashford, Kent, TN26 2QH — Folkestone and Hythe District Council — Appeal Decision The proposed 170 square metres GIA floor area is not excessive for a family home, which would have a dual function providing the office base for the enterprise. https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 11 Appeal Decision

Bainbridge Farm, Wey Street, Snave, Ashford, Kent, TN26 2QH — Folkestone and Hythe District Council — Appeal Decision Appeal Decision APP/L2250/W/21/3284128 18. The Council’s Rural Planning Consultant suggests that the enterprise’s average profit is unlikely to support a mortgage for a property that would, in their estimate, cost in the region of £250,000 to £300,000 to construct. The Council further suggest that the dwelling should be affordable in relation to the income that the farm enterprise itself can provide. However, Policy HB7 of the PLPP does not require viability assessments to demonstrate that that an enterprise’s profit is sufficient to support a mortgage for the new dwelling. The supporting text to the policy notes at paragraph 9.57 that expensive construction in relation to an enterprise's income will not be permitted. The appellant states, and it is not disputed by the Council, that the of £250,000 to £300,000 costs referred to by the Council would reflect a full contractor-managed construction. The building has been designed and specified to be of a cost-efficient construction, using straw bales sourced on the farm and requiring as few skilled trades as possible, thereby maximising the work to be carried out as possible without employing labour.

Page 4 · Chunk 12 Appeal Decision

Bainbridge Farm, Wey Street, Snave, Ashford, Kent, TN26 2QH — Folkestone and Hythe District Council — Appeal Decision When the appellant’s contribution of materials, such as straw bales, and labour is taken into account, the construction cost will be much lower. Consequently, I do not find that the dwelling’s construction would be unreasonably expensive in relation to the enterprise’s income. 19. Drawing the above together, on the basis of the evidence before me, I have found that the dwelling would not be excessively large, and a functional need for a dwelling of the size proposed has been demonstrated. Therefore, in this respect, it would not be contrary to Policy HB7 of the PPLP which requires, amongst other aspects that permanent dwellings for workers in agriculture, are only permitted if special circumstances which can be demonstrated by satisfying specific criteria. Due to the identified special circumstances, the proposal would also not conflict with the Framework in respect of the development of isolated dwellings within the countryside. Other Matters 20. The proposal’s straw bale construction has been chosen for its environmental responsibility and cost-effectiveness.

Page 4 · Chunk 13 Appeal Decision

Bainbridge Farm, Wey Street, Snave, Ashford, Kent, TN26 2QH — Folkestone and Hythe District Council — Appeal Decision The proposal would provide a family home for the appellant, allowing her to continue to carry out her duties on the farm, thereby helping to preserve traditional farming lifestyle at Bainbridge Farm. This would be to the benefit of the character, biodiversity and sympathetic management of the local area. Be that as it may, these matters do not outweigh the harm I have identified. Conclusion 21. Although I have found that the dwelling would not be excessively large for the functional needs of the agricultural holding, the proposal would unacceptably harm the character and appearance of the area. Therefore, for the above reasons, having had regard to the development plan as a whole, along with all other relevant material considerations, I conclude that the appeal should be dismissed.

Page 4 · Chunk 14 B Pattison

Bainbridge Farm, Wey Street, Snave, Ashford, Kent, TN26 2QH — Folkestone and Hythe District Council — B Pattison 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

Character and appearance
Against appellant
¶10

The prominent rooftop structure would be incongruous and create a dominant building which would have a harmful impact on the rural character of this Local Landscape Area.

Character and appearance
Against appellant
¶13

The dwelling would be an incongruous addition which would harm the character and appearance of the designated Local Landscape Area.

Other
For appellant
¶15

The Council does not accept that the proposed four bedroom house would be commensurate with the reasonable needs of the business.

Other
For appellant
¶19

A functional need for a dwelling of the size proposed has been demonstrated.

Policies relied on

Reference Weight
Policy CSD4 of the CSR and Policies HB1 and NE3 of the Places and Policies Local Plan (2020)
Determinative

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 25 January 2023 under the Open Government Licence.