Case 3286880

Land adjacent to Lane Top Farm Goodshaw Lane, Stonefold, ACCRINGTON, BB5 2DW

Rossendale Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
25 April 2022
Authority
Rossendale Borough Council
Inspector
Hitchcock R
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Unknown
Development type
Change of use
Appellant
Mrs B Harrison
Agent
Mr Steven Hartley
LPA reference
2020/0012
ONS LPA code
E07000125
Jurisdiction
Transferred
Link status
Not Linked
Start date
20 January 2022

Summary AI

The inspector dismissed the appeal, finding that the proposed development would harm the character and appearance of the area and increase highway safety concerns. The benefits of the proposal, including increased tourism and social and economic benefits, were outweighed by the adverse impacts.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Land adjacent to Lane Top Farm Goodshaw Lane, Stonefold, ACCRINGTON, BB5 2DW — Rossendale Borough Council — Appeal Decision Site visit made on 22 March 2022 by R Hitchcock BSc(Hons) DipCD MRTPI an Inspector appointed by the Secretary of State Decision date: 25 April 2022 Appeal Ref: APP/B2355/W/21/3286880 Land adjacent to Lane Top Farm, Goodshaw Lane, Stonefold, Accrington BB5 2DW • 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 Mrs B Harrison against the decision of Rossendale Borough Council. • The application Ref 2020/0012, dated 8 January 2020, was refused by notice dated 15 September 2021. • The development proposed is a change of use (and associated development) from agricultural land to a leisure and camping site. Decision 1. The appeal is dismissed. Preliminary Matters 2. Since the date of the determination of the planning application, the Council has adopted the Rossendale Local Plan 2019-2036 [December 2021] (the RLP). The former Core Strategy policies referenced in the Council’s Decision Notice are therefore superseded. The main parties have referred me to the relevant policies in the new RLP and I have proceeded on that basis. Main Issues 3.

Page 1 · Chunk 1 Appeal Decision

Land adjacent to Lane Top Farm Goodshaw Lane, Stonefold, ACCRINGTON, BB5 2DW — Rossendale Borough Council — Appeal Decision The main issues are the effect of the development on: • The character and appearance of the locality • Highway safety Reasons Character and appearance 4. The roughly triangular site is located within open countryside in an undulating upland setting in the Pennine foothills. The area is characterised by open fields divided by stone walls or open fencing which predominantly provide for livestock grazing. The wider area includes dispersed farmsteads, isolated buildings and pockets of woodland. 5. The site is located within a shallow dip close to the end of the surfaced length of Goodshaw Lane, an inclined single-track road serving a limited number of rural properties. The land is set on various levels with sections having been regraded. The plot includes some storage, open grassed areas and areas of young trees. Culverted and open sections of a watercourse extend close to the https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Land adjacent to Lane Top Farm Goodshaw Lane, Stonefold, ACCRINGTON, BB5 2DW — Rossendale Borough Council — Appeal Decision Appeal Decision APP/B2355/W/21/3286880 eastern boundary. Gated access points have been provided from Goodshaw Lane and an unmade track along the eastern edge of the site. 6. The proposal seeks to provide overnight accommodation through provision of camping pitches; timber pods; a lodge; a mixed-use building providing for maintenance, shop and accommodation purposes; a toilet and shower block with sleeping accommodation above; and, a cottage style glamping unit. Additional hardstandings, pathways and a gravel access road would also be provided within the site. 7. There is no dispute between the main parties that the nature of the tourism offer relates to a rural activity market and would benefit from a location outside of the urban boundary. Policy LT4 of the RLP, relating to overnight visitor accommodation, and other policies within the RLP set out the conditions for new development which need to be sited in rural locations. The requirements to protect visual amenity, the landscape and enhance the rural character of the area permeate the relevant rural policies within the RLP. 8.

Page 2 · Chunk 3 Appeal Decision

Land adjacent to Lane Top Farm Goodshaw Lane, Stonefold, ACCRINGTON, BB5 2DW — Rossendale Borough Council — Appeal Decision In addition to a facility to temporarily accommodate campers, the proposal would introduce a number of new buildings with various forms and appearances. These would be distributed across the site. Some buildings would utilise simple traditional forms whilst others would be of a bespoke design to serve their intended use. The structures would be finished in materials common to the area. Although particular support for the use of existing buildings is offered under Policy LT4, new buildings providing visitor accommodation - including camping barns, self-catering facilities and camping, are not excluded under its terms. 9. The buildings and associated infrastructure would not be highly visible in the wider landscape due to the nestled position of the site. However, they would be clearly visible by users of the adjacent rights of way which lie within an extensive network of footpaths. This includes the Rossendale Way immediately adjacent to the site which, according to the appellant, attracts a large number of users. 10. The degree of development across much of the site area would contrast starkly with the largely undeveloped character of the landscape.

Page 2 · Chunk 4 Appeal Decision

Land adjacent to Lane Top Farm Goodshaw Lane, Stonefold, ACCRINGTON, BB5 2DW — Rossendale Borough Council — Appeal Decision The range of building types, their scale and spread, would appear significantly different from the tight clusters of rural buildings or more limited isolated houses. This would cause them to be conspicuous in their setting. Alongside the introduction of parking areas, site levelling and other infrastructure to serve potentially relatively large numbers of visitors, the visual effect of the number and nature of the permanent buildings would be significant. 11. The site benefits from a degree of low tree cover, which could be increased by further planting. This may seasonally reduce the degree of perceptible change in the landscape and could increase over time as successful planting matures. However, this would have a limited effect on the appearance of the site by receptors experiencing it along the nearby footpaths. Furthermore, given the bulk and height of the larger buildings, the effectiveness of the planting would be limited for some time. Accordingly, the range of visibility along the nearby routes would be extended. 12. I acknowledge that the pods would potentially be sited on minimal foundations. As structures intended to be permanently sited, this would not limit their https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Land adjacent to Lane Top Farm Goodshaw Lane, Stonefold, ACCRINGTON, BB5 2DW — Rossendale Borough Council — Appeal Decision Appeal Decision APP/B2355/W/21/3286880 contribution to the visual effect on the landscape. I also note that the number of camping pods has been reduced since initial discussions with the Council and that some other buildings could be used for multiple purposes. Nevertheless, the wholesale effect of the introduction of a large number and variety of buildings, including some of notable height, would not provide an enhancement to the existing rural character and substantially undeveloped appearance of the locality. 13. For those reasons, I find that the proposal would harm the character and appearance of the site and its rural setting. It would conflict with the requirements of Policies SS, SD1, SD2, ENV1, LT3 and LT4 the RLP as they seek to protect and enhance the environmental conditions of the area including the landscape character and the visual quality and character of rural areas. Additionally, the proposal would conflict with the National Planning Policy Framework (the Framework) as it seeks similar aims. Highway safety 14. The nature of the various proposed forms of accommodation on the site would attract a diversity of users, including walkers and cyclists utilising the rights of way network.

Page 3 · Chunk 6 Appeal Decision

Land adjacent to Lane Top Farm Goodshaw Lane, Stonefold, ACCRINGTON, BB5 2DW — Rossendale Borough Council — Appeal Decision However, for the majority of users, access to the site would largely be reliant on private motorised transport given that the nearest public transport links are at some distance. 15. For those utilising the site for extended stays or group visits, this could include towing or larger vehicles such as minibuses. The King’s Highway and Goodshaw Lane, which link the site to the main road network, are single track roads of limited width and with limited capability for vehicles to pass each other. 16. The volume and frequency of traffic movements associated with the proposed development is unlikely to be to an extent that it would cause capacity concerns within the local road network. Furthermore, the nature of the roads would limit the likelihood of highway safety concerns arising from traffic speeds. However, the unlit roads coincide with rights of way for walkers as well as cyclists and horse riders who are generally restricted to the surfaced carriageway due to narrow verges or enclosure of the carriageway by walls or embankments. 17. At my site inspection, I saw that there are some places which would allow modest vehicles to pass. However, these would be insufficient for larger vehicles including agricultural traffic.

Page 3 · Chunk 7 Appeal Decision

Land adjacent to Lane Top Farm Goodshaw Lane, Stonefold, ACCRINGTON, BB5 2DW — Rossendale Borough Council — Appeal Decision To account for the restrictions to forward visibility on Goodshaw Lane, additional passing places would be required to prevent approaching vehicles from needing to reverse to sections of the road where passing might be possible. 18. The necessity for vehicles to reverse – potentially for some distance along inclined sections of road or close to bends, would be particularly hazardous for other road users. For larger vehicles or those towing trailers, this would potentially be fraught given the close containment of the roadway by walls and long sections of an open roadside drain on Goodshaw Lane. 19. The appellant contends that there are existing places to provide vehicle passing. However, according to the Council’s highway advisors, these are not within the adopted highway. Those facilities are therefore beyond the control of the highway authority and outside the appellant’s ownership or control. https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 8 Appeal Decision

Land adjacent to Lane Top Farm Goodshaw Lane, Stonefold, ACCRINGTON, BB5 2DW — Rossendale Borough Council — Appeal Decision Appeal Decision APP/B2355/W/21/3286880 20. The appellant asserts that some land is owned by a family member such that agreement to provide passing places could be secured. However, there is little before me to demonstrate that such an agreement is a viable prospect. Moreover, given the limited length of some of the identified passing opportunities, it is unclear from the evidence as to whether they would be suitably capable of accommodating larger or towing vehicles within the third- party ownership. 21. In the absence of detail of the relevant land holdings and any agreement with the owner/s to provide and maintain the land for vehicle passing purposes, there is little to demonstrate that there is sufficient prospect to deliver the necessary facilities within the standard time limit of a planning permission. It would not therefore be a reasonable proposition to impose a condition requiring them as it could nullify the benefit of any permission it was attached to. Accordingly, the existing limited ability for vehicles to pass or manoeuvre would elevate highway safety concerns in the vicinity of the site. 22.

Page 4 · Chunk 9 Appeal Decision

Land adjacent to Lane Top Farm Goodshaw Lane, Stonefold, ACCRINGTON, BB5 2DW — Rossendale Borough Council — Appeal Decision Whilst I note the accident record for the locality shows no reports of incidents on the lane, this is prior to the activity associated with the development occurring. It is not therefore a strong indicator of the effects arising from the proposed development. 23. For the reasons above, I find that the proposals would fail to provide convenient and safe access and would cause an undue risk to highway safety in the vicinity. It would conflict with Policies ENV1 and LT4 of the RLP as they require suitable, safe and inclusive accessibility which links with surrounding movement patterns and avoids unacceptable highway impacts. The proposal would also conflict with the Framework as it seeks the same aims. Other Matters 24. I note the letters in support of the proposed enterprise and acknowledge that the scheme could provide some social and economic benefits through employment opportunities, local spend and support for local service providers. It would offer a broad range of accommodation for different groups and users and could be used in conjunction with other attractions nearby including an equine centre.

Page 4 · Chunk 10 Appeal Decision

Land adjacent to Lane Top Farm Goodshaw Lane, Stonefold, ACCRINGTON, BB5 2DW — Rossendale Borough Council — Appeal Decision These would be benefits in favour of the proposal and consistent with an approach to renew focus on tourism within the Rossendale area. 25. I acknowledge that the Council has previously supported a development of chalets elsewhere in the locality. However, little detail of the circumstances or extent of that development have been provided. It is not therefore possible to draw comparisons or otherwise to the scheme before me, a scheme I have considered on its own merits. 26. Concerns were raised by a third party in respect of the use of the site by wildlife including badgers and nesting buzzards. However, there is little substantive evidence to support those claims and I am therefore unable to attribute significant weight to those arguments. 27. As requirements of the development plan, the absence of objections in relation to matters including ecology, drainage and trees are not benefits in favour of the development. https://www.gov.uk/planning-inspectorate 4

Page 5 · Chunk 11 Appeal Decision

Land adjacent to Lane Top Farm Goodshaw Lane, Stonefold, ACCRINGTON, BB5 2DW — Rossendale Borough Council — Appeal Decision Appeal Decision APP/B2355/W/21/3286880 Planning Balance and Conclusion 28. The proposal would harm the character and appearance of the area. Given that the buildings are intended to last tens of years, I afford this harm significant weight. Additionally, the remote location would be reliant on poor road infrastructure that would increase highway safety concerns as a direct consequence of the proposed development. This is a matter of considerable weight. 29. The proposal would provide some opportunities for increased tourism with attendant social and economic benefits arising from job opportunities, servicing and visitor spend. However, the scale of development limits the weight to be afforded to these benefits. 30. Taking the above points together, I find that the totality of the adverse impacts of granting planning permission would significantly and demonstrably outweigh the benefits. I conclude that the proposals would conflict with the development plan taken as a whole and there are no material considerations that indicate the decision should be made other than in accordance with it. Therefore, for the reasons given, the appeal should not be allowed.

Page 5 · Chunk 12 R Hitchcock

Land adjacent to Lane Top Farm Goodshaw Lane, Stonefold, ACCRINGTON, BB5 2DW — Rossendale Borough Council — R Hitchcock INSPECTOR https://www.gov.uk/planning-inspectorate 5

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

Main issues and findings

Character and appearance
Against appellant
¶10

The proposal would introduce a large number and variety of buildings, including some of notable height, which would not provide an enhancement to the existing rural character and substantially undeveloped appearance of the locality.

Highway safety
Against appellant
¶23

The proposed development would fail to provide convenient and safe access and would cause an undue risk to highway safety in the vicinity.

Policies relied on

Reference Weight
RLP ENV1, LT4, SS, SD1, SD2
Determinative
National Planning Policy Framework
Substantial

Site constraints from the Casework Database

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

Source

Decision letter, 5 pages, issued by the Planning Inspectorate on 25 April 2022 under the Open Government Licence.