Case 3286432

Moat Farm, Baylham, Ipswich, Suffolk, IP6 8JW

Mid Suffolk District Council — appeal dismissed

Outcome
Dismissed
Decision date
31 January 2023
Authority
Mid Suffolk District Council
Inspector
Price J
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr & Mrs P Brinkley
Agent
Mr Benjamin Elvin
LPA reference
DC/21/04202
ONS LPA code
E07000203
Jurisdiction
Transferred
Link status
Not Linked
Start date
28 March 2022

Summary AI

The appeal for residential development on a horse paddock site was dismissed due to conflict with policies restricting housing in the countryside and promoting sustainable development. The site's location, lack of nearby services and facilities, and significant dependency on car travel were key factors in the decision.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Moat Farm, Baylham, Ipswich, Suffolk, IP6 8JW — Mid Suffolk District Council — Appeal Decision Site visit made on 10 January 2023 by Jonathan Price BA(Hons) DipTP MRTPI DMS an Inspector appointed by the Secretary of State Decision date: 31 January 2023 Appeal Ref: APP/W3520/W/21/3286432 Moat Farm, Baylham, Ipswich, Suffolk IP6 8JW • 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 & Mrs P Brinkley against the decision of Mid Suffolk District Council. • The application Ref DC/21/04202, dated 27 July 2021, was refused by notice dated 1 October 2021. • The development proposed is application for ‘Planning Permission in Principle Town and Country Planning Act 1990 (Permission in Principle)(Amendment) Order 2017 - residential development of 1 to 4 dwellings’. Decision 1. The appeal is dismissed Procedural Matters 2. The proposal is for permission in principle. The Planning Practice Guidance advises that this is an alternative way of obtaining planning permission for housing-led development.

Page 1 · Chunk 1 Appeal Decision

Moat Farm, Baylham, Ipswich, Suffolk, IP6 8JW — Mid Suffolk District Council — Appeal Decision The permission in principle consent route has two stages: the first stage (or permission in principle stage) establishes whether a site is suitable in-principle and the second (technical details consent stage) is when the detailed development proposals are assessed. This appeal relates to the first of these two stages. 3. The scope of the considerations for permission in principle is limited to location, land use and the amount of development permitted1. 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. Main Issue 4. This main issue is whether the site is suitable for residential development, having regard to its location, the proposed land use and the amount of development. Reasons 5. The appeal site comprises a horse paddock with stables, lying to the rear of a newly built house. Adjacent is a dense array of modern farm buildings and some other houses. This forms part of a nexus of agricultural and industrial development around the junctions onto this section of the B1113, with a small amount of residential.

Page 1 · Chunk 2 Appeal Decision

Moat Farm, Baylham, Ipswich, Suffolk, IP6 8JW — Mid Suffolk District Council — Appeal Decision This lies at a point roughly midway between the larger 1 PPG Paragraph: 012 Reference ID: 58-012-20180615 https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Moat Farm, Baylham, Ipswich, Suffolk, IP6 8JW — Mid Suffolk District Council — Appeal Decision This lies at a point roughly midway between the larger 1 PPG Paragraph: 012 Reference ID: 58-012-20180615 https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Moat Farm, Baylham, Ipswich, Suffolk, IP6 8JW — Mid Suffolk District Council — Appeal Decision Appeal Decision APP/W3520/W/21/3286432 settlements of Needham Market and Great Blakenham. The site lies outside any settlement defined in the Mid Suffolk Local Plan2 (LP). Its saved policies and those of the Mid Suffolk Core Strategy3 (CS) comprise the development plan. This is the starting point for considering this proposal, with the National Planning Policy Framework (the Framework) a material consideration of great weight. 6. The newly built dwelling is large and so would screen any further housing from Lower Street. A public right of way runs alongside Moat Farm. The housing would be set into the farm complex so as not to encroach into open countryside visible from this. A scheme could be designed not to be overly prominent in the rural landscape. Therefore, this proposal would not result in any material harm to the character and appearance of this location. 7. However, there is little by way of regularly required household services and facilities here, such as a school or convenience store. Those available in the nearest main centres of Needham Market and Great Blakenham can be reached either by short car journeys or via a regular bus service. There are bus stops within walking distance of the appeal site.

Page 2 · Chunk 5 Appeal Decision

Moat Farm, Baylham, Ipswich, Suffolk, IP6 8JW — Mid Suffolk District Council — Appeal Decision There is a roadside footway along the B1113, but such services are generally too far away to be conveniently accessible by walking. Cycling would be a more realistic option, although there is no dedicated lane to encourage this. 8. Despite the availability of a regular bus service, the need to travel outside the immediate area to meet essential needs means further households in this location would likely be mainly reliant on frequent private car journeys. There appears to be little social or other infrastructure here to warrant further housing in this location. The proposal would conflict with policies CS1, CS2 and LP H7 which restrict housing in the countryside, focusing this mostly to towns and key service centres, and to a lesser degree in primary and secondary villages. This fundamental conflict with the spatial strategy for new development means this proposal would be contrary to the development plan as a whole. 9. These policies adhere broadly to Framework objectives for promoting a sustainable pattern of development, including by aligning growth and infrastructure.

Page 2 · Chunk 6 Appeal Decision

Moat Farm, Baylham, Ipswich, Suffolk, IP6 8JW — Mid Suffolk District Council — Appeal Decision By consolidating a small and sporadic amount of residential development in this location, the proposal for further housing would run counter to the Framework’s aim for the planning system to actively manage patterns of growth in support of sustainable transport. As paragraph 105 advises, this is achieved by significant development being focused on locations which are or can be made sustainable, through limiting the need to travel and offering a genuine choice of transport modes. This can then help to reduce congestion and emissions and improve air quality and public health. 10. Paragraph 105 concludes by reminding decision-makers that opportunities to maximise sustainable transport solutions will vary between urban and rural areas. However, I do not accept this is to support housing in a rural location such as this where, notwithstanding the existence of a reasonable bus service, there would be a significant dependency on car travel. On this basis, I consider the site is unsuitable for a scheme of between one and four dwellings, having regard to the general absence of nearby services and facilities in this location. 2 Mid Suffolk Local Plan adopted September 1998.

Page 2 · Chunk 7 Appeal Decision

Moat Farm, Baylham, Ipswich, Suffolk, IP6 8JW — Mid Suffolk District Council — Appeal Decision 3 Mid Suffolk Local Development Framework Core Strategy Development Plan Document adopted September 2008. https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 8 Appeal Decision

Moat Farm, Baylham, Ipswich, Suffolk, IP6 8JW — Mid Suffolk District Council — Appeal Decision 3 Mid Suffolk Local Development Framework Core Strategy Development Plan Document adopted September 2008. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 9 Appeal Decision

Moat Farm, Baylham, Ipswich, Suffolk, IP6 8JW — Mid Suffolk District Council — Appeal Decision Appeal Decision APP/W3520/W/21/3286432 Balance and Conclusion 11. Readily deliverable, the housing would provide a small social benefit in support of the Government’s objective of significantly boosting the supply of homes. There would be benefits also towards the local economy, from the construction and future servicing of the development and additional household expenditure. Whilst I place significant weight on the need to support economic growth, the benefits generated by a scheme of this small size would remain modest. The site arguably meets the Framework’s definition of previously developed land, being occupied by stables rather than agricultural buildings. This mainly amounts to an absence of harm, insofar as this would not be a greenfield proposal. 12. The appellant cites the precedent of the Council having allowed the recently built house at Moat Farm4. This was granted at a time when the Council could demonstrate only marginally more than the five-year housing land supply required by the Framework. As of February 2022, the Council can demonstrate a significantly higher housing land supply of 9.54 years.

Page 3 · Chunk 10 Appeal Decision

Moat Farm, Baylham, Ipswich, Suffolk, IP6 8JW — Mid Suffolk District Council — Appeal Decision There appears less need currently for allowing housing outside of policy to secure a minimum five- year land supply. I give very little weight to the consented dwelling at Moat Farm favouring the principle of further residential development in this location. 13. The appellant also seeks support from a recent appeal5 in the nearby village of Copdock, where the Inspector considered a proposal for a single dwelling in the countryside in a situation comparable to this. I have had regard to that decision and carried out a similar balancing exercise. However, as that appeal related to a different location and development plan, I am clearly not bound to reach the same conclusion. 14. The policies most important for determining this appeal, CS1, CS2 and H7, are out of date in being more restrictive of housing in the countryside than the Framework. I must therefore account for its paragraph 11 d) ii. However, the adverse impacts of allowing further housing in a location where few services are available would significantly and demonstrably outweigh the modest social and economic benefits identified, when assessed against Framework policies as a whole.

Page 3 · Chunk 11 Appeal Decision

Moat Farm, Baylham, Ipswich, Suffolk, IP6 8JW — Mid Suffolk District Council — Appeal Decision As a material consideration, this would not indicate this appeal be determined otherwise than in accordance with the development plan, with which I have found there to be conflict as a whole. Therefore, for the reasons given above, I conclude that the appeal be dismissed.

Page 3 · Chunk 12 Jonathan Price

Moat Farm, Baylham, Ipswich, Suffolk, IP6 8JW — Mid Suffolk District Council — Jonathan Price INSPECTOR 4 Council reference - 19/01639 5 Appeal Ref: Appeal Ref: APP/D3505/W/20/3248616 The Mane Riding Centre, Old London Road, Copdock and Washbrook, Ipswich, IP8 3JF dated 25th November 2020 https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Housing land supply
Against appellant
¶12

The Council can demonstrate a significantly higher housing land supply of 9.54 years, reducing the need for allowing housing outside of policy to secure a minimum five-year land supply.

Ecology and biodiversity
Neutral
¶null

The proposal would not result in any material harm to the character and appearance of the location, but there is little by way of regularly required household services and facilities nearby.

Green belt
Against appellant
¶8

The proposal would conflict with policies CS1, CS2 and LP H7 which restrict housing in the countryside, focusing this mostly to towns and key service centres.

Planning obligations
Against appellant
¶9

The proposal would run counter to the Framework’s aim for the planning system to actively manage patterns of growth in support of sustainable transport, and would result in significant dependency on car travel.

Policies relied on

Reference Weight
NPPF 11 d) ii
Determinative
LP H7
Substantial
CS1
Substantial
CS2
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 31 January 2023 under the Open Government Licence.