Land adjacent to Whitley Edge, Village Lane, Whitley, Cheshire, WA4 4EJ

Land adjacent to Whitley Edge, Village Lane, Whitley, Cheshire, WA4 4EJ — Cheshire West and Chester — Appeal Decision Site visit made on 11 January 2022 by F Rafiq BSc (Hons), MCD, MRTPI an Inspector appointed by the Secretary of State Decision date: 22 February 2022 Appeal Ref: APP/A0665/W/21/3284193 Land adjacent to Whitley Edge, Village Lane, Higher Whitley, Warrington WA4 4EJ • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 for the development of land without complying with condition subject to which a previous planning permission was granted. • The appeal is made by Mr Chris Wilson against the decision of Cheshire West and Chester Council. • The application Ref 21/01940/S73, dated 4 May 2021, was refused by notice dated 2 September 2021. • The application sought planning permission for the change of use of land and erection of stable block without complying with a condition attached to planning permission Ref 19/04147/FUL, dated 29 April 2020. • The condition in dispute is No 2 which states that: The development hereby approved shall be carried out in accordance with the plans submitted with the application.

Land adjacent to Whitley Edge, Village Lane, Whitley, Cheshire, WA4 4EJ — Cheshire West and Chester — Appeal Decision • The reason given for the condition is: For the avoidance of doubt and in the interests of proper planning. Decision 1. The appeal is dismissed. Preliminary Matters 2. This appeal application seeks to revise the design of a stable block approved in April 2020. The original permission does not explicitly specify the approved plans. Notwithstanding this, it is sufficiently clear in the evidence before me what the originally approved block is and the changes that this appeal application seeks. I have dealt with this appeal accordingly. 3. Reference has been made to a subsequent application to the original April 2020 approval, which was approved by the Council in December 2020 and created a new permission with the stables relocated, changes to the access and the materials varied. This appeal application relates to a condition attached to the original planning permission Ref 19/04147/FUL and I can confirm that I have dealt with the appeal as applied for. Main Issues 4. The main issues are: • whether the revised scheme is inappropriate development in the Green Belt; • the effect of the revised scheme on the character and appearance of the area; and https://www.gov.uk/planning-inspectorate

Land adjacent to Whitley Edge, Village Lane, Whitley, Cheshire, WA4 4EJ — Cheshire West and Chester — Appeal Decision Appeal Decision APP/A0665/W/21/3284193 • if the proposal is inappropriate development, whether the 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 development. Reasons Inappropriate Development 5. The appeal site is situated in the Green Belt. The National Planning Policy Framework (Framework) states at paragraph 149 that, other than in connection with a number of exceptions, the construction of new buildings should be regarded as inappropriate in the Green Belt. One of the exceptions relates to the provision of appropriate facilities, provided the facilities preserve the openness of the Green Belt and do not conflict with the purposes of including land within it. Policy STRAT 9 of the Cheshire West & Chester Council Local Plan Strategy (Part One) Strategic Policies (Local Plan Part One) is broadly reflective of the approach in the Framework. 6. It is common ground between the main parties that the proposal would provide a facility for outdoor sport and recreation, and as such, like the original approval, would provide a facility for a use listed in paragraph 149 part b) of the Framework.

Land adjacent to Whitley Edge, Village Lane, Whitley, Cheshire, WA4 4EJ — Cheshire West and Chester — Appeal Decision This exception does however state that the facility must preserve the openness of the Green Belt and not conflict with the purposes of including land within it. 7. The proposal would result in a larger building than the original application. The appellant does not consider the increase to be significant, but I find the overall height of the barn at 5.5m to the ridge would be noticeably taller than the original previously approved scheme and therefore represent a large increase in the buildings’ volume. This increased height and its larger rectangular plan form, unlike the smaller ‘L’ shaped footprint of the original permission, would result in a development of a significantly larger scale. The visual effects on openness would be reduced by the screening afforded by vegetation around the boundaries. Nevertheless, given the additional built form arising from the proposal, it would be harmful to the spatial aspect of openness. 8. The Council has also stated that the proposal would result in an unjustified incursion into the countryside.

Land adjacent to Whitley Edge, Village Lane, Whitley, Cheshire, WA4 4EJ — Cheshire West and Chester — Appeal Decision The Council has already granted permission for a stable building in connection with outdoor recreation, an allowable exception to the construction of new buildings in the Green Belt under Framework paragraph 149 b). But that exception is conditional on preserving openness. 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. The new stable building would not preserve openness when compared to the stable building previously granted permission and would not therefore safeguard the countryside from encroachment. 9. I therefore conclude that the proposal would be inappropriate development in the Green Belt as it would not preserve its openness. Paragraph 147 of the Framework states that this is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. It would be contrary to the Framework in this regard and would also conflict with Local Plan https://www.gov.uk/planning-inspectorate 2

Land adjacent to Whitley Edge, Village Lane, Whitley, Cheshire, WA4 4EJ — Cheshire West and Chester — Appeal Decision Appeal Decision APP/A0665/W/21/3284193 Part One Policy STRAT 9 which seeks development within the Green Belt to be in line with the Framework. Character and Appearance 10. The appeal site comprises of a field which is situated in a rural area. In the vicinity of the site there are a number of detached buildings, including dwellings of varying designs and a Village Hall which are surrounded by fields. The buildings are generally set back from the road, within generous grounds that are bounded by various planting, including hedges and trees. This gives the area a verdant, spacious character which contributes positively to the wider countryside setting. 11. The proposal would result in a larger building than either the stables granted in the original permission or the subsequent approval in December 2020. Despite its larger size and the walling material which is proposed to be brick rather than the timber cladding in the original approval, it would be largely screened from Village Lane by the existing hedge. There would be some views towards it from the widened access, but I consider that like the original scheme, the viewer would still observe a building in a field, albeit of a larger size and different design.

Land adjacent to Whitley Edge, Village Lane, Whitley, Cheshire, WA4 4EJ — Cheshire West and Chester — Appeal Decision Whilst I note the Council’s concern that the appeal proposal would appear to be of a similar scale and form to a single storey dwellinghouse, given its siting within a field with open areas around it, I consider it would not be harmful to the surrounding rural landscape. 12. I therefore conclude that the revised scheme would not unduly harm the character and appearance of the area. As such, the proposal would not conflict with Local Plan Part One Policies STRAT 9 and ENV 2 and Policy DM 8 of the Cheshire West & Chester Council Local Plan (Part Two) Land Allocations and Detailed Policies, which seek, amongst other matters, to protect the intrinsic character and beauty of the Cheshire countryside. It would also not be contrary to guidance within Section 12 of the Framework. Other Considerations 13. The appellant has set out that the amended design sought would improve equine welfare, better facilitate the management of horses, as well as providing better safety and security of equipment. My attention has also been drawn in this respect to the Code of Practice for the welfare of horses, ponies, donkeys and their hybrids (DEFRA) in terms of ease of access, adequate drainage and ventilation.

Land adjacent to Whitley Edge, Village Lane, Whitley, Cheshire, WA4 4EJ — Cheshire West and Chester — Appeal Decision I also acknowledge that the enlarged barn sought would allow for better working conditions by providing equipment and feed in one building. This would result in a potentially improved site appearance with hay and other equipment being stored internally and potentially avoiding the need for additional buildings in the future. Furthermore, the larger building would provide flexibility if a bigger horse needs to be stabled. 14. A number of other benefits of the revised scheme have been set out, including minimising any noise or activity which would be mainly inside the barn and it not having a concrete apron or area of stone/gravel between the stabling and the highway, but rather an open area of grazing land. Whilst I accept these matters are benefits of this appeal proposal, I have not been made aware of any alternatives that have been considered that wouldn’t necessarily result in an increase in the height of the proposed building to 5.5m or a materially larger rectangular plan form. As such, I am not persuaded that a case has been https://www.gov.uk/planning-inspectorate 3

Land adjacent to Whitley Edge, Village Lane, Whitley, Cheshire, WA4 4EJ — Cheshire West and Chester — Appeal Decision Appeal Decision APP/A0665/W/21/3284193 sufficiently established for the size of the barn proposed and I therefore attach limited weight to these considerations in favour of the proposal. 15. My attention has also been drawn to some examples of stabling applications where the size of the barn was the same or slightly larger than that proposed here. Some details of these cases have been provided, but from this information it can be seen the circumstances of those sites differed in that there were other buildings and/or developments in close proximity to the proposed barns. These cases are not therefore directly comparable to the appeal scheme and I can confirm that I have dealt with the appeal on its own merits. I therefore attach limited weight to this matter. 16. I note that the appeal proposal still incorporates the material preference of the Parish Council who had no objections. This is however a neutral consideration and not a matter which weighs in favour of the appeal proposal. Conclusion 17. I have found that the appeal development would be inappropriate development, which the Framework clearly sets out is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances.

Land adjacent to Whitley Edge, Village Lane, Whitley, Cheshire, WA4 4EJ — Cheshire West and Chester — Appeal Decision Substantial weight should be given to any harm to the Green Belt. Very special circumstances will not exist unless the harm to the Green Belt and any other harm is clearly outweighed by other considerations. 18. There would not be any significant harm caused to the character and appearance of the area. A lack of such harm is a neutral matter. 19. I have set out the other considerations and, for the reasons I have given, this leads me to attach limited weight to them in favour of the scheme. 20. With this in mind, the substantial weight I have given to the Green Belt harm is not clearly outweighed by other considerations sufficient to demonstrate very special circumstances. 21. For the reasons given above, having considered the development plan as a whole, the approach in the Framework, and all other relevant material considerations, I conclude that the appeal should be dismissed.

Land adjacent to Whitley Edge, Village Lane, Whitley, Cheshire, WA4 4EJ — Cheshire West and Chester — F Rafiq INSPECTOR https://www.gov.uk/planning-inspectorate 4