Case 3287275

Fairlands, Church Road, Farley Hill, Reading , RG7 1TU

Wokingham Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
7 November 2022
Authority
Wokingham Borough Council
Inspector
Rogers J
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr Ruben Reed
Agent
ET planning
LPA reference
210864
ONS LPA code
E06000041
Jurisdiction
Transferred
Link status
Not Linked
Start date
15 March 2022

Summary AI

The appeal for a change of use of land to ancillary residential with hardstanding and parking was dismissed due to concerns about the impact on the character and appearance of the area. The appeal site is located outside development limits and the proposed development would cause unacceptable harm to the landscape. The inspector also considered the impact on the Thames Basin Heath Special Protection Area, but found that the development was not necessary to consider further due to its unacceptable nature.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Fairlands, Church Road, Farley Hill, Reading , RG7 1TU — Wokingham Borough Council — Appeal Decision Site visit made on 4 October 2022 by Juliet Rogers BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 07 November 2022 Appeal Ref: APP/X0360/W/21/3287275 Fairlands, Church Road, Farley Hill RG7 1TU • 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 Mr Ruben Reed against the decision of Wokingham Borough Council. • The application Ref 210864, dated 12 March 2021, was refused by notice dated 19 May 2021. • The development is change of use of land to ancillary residential with laying of hardstanding for ancillary open storage and parking of vehicles (use class C3). Decision 1. The appeal is dismissed. Preliminary Matters 2. The application form confirms the development was completed prior to submission and that the Council have assessed the scheme retrospectively. I have therefore considered the appeal scheme in the same way. Main Issue 3. The main issue of this appeal is whether the location of development is appropriate, having regard to local planning policies and the character and appearance of the area. Reasons 4.

Page 1 · Chunk 1 Appeal Decision

Fairlands, Church Road, Farley Hill, Reading , RG7 1TU — Wokingham Borough Council — Appeal Decision Forming part of a larger landholding, the appeal site is located away from the dwelling known as Fairlands, behind a stable block, garage, static caravan and an area laid out for the former caravan site1. 5. Given the site’s location outside any development limits, Policy CP11 of the Wokingham Borough Council Local Development Framework Adopted Core Strategy Development Plan Document (2010) (the Core Strategy) is relevant. This policy seeks to protect the separate identity of settlements in the borough and maintain the quality of the environment. Proposals outside development limits will not normally be permitted, with some exceptions. The sole exception applicable to the appeal scheme requires the development to ensure “it does not lead to excessive encroachment or expansion of development away from the original buildings.” As no definitions for what constitutes ‘excessive 1 Temporary planning permission for change of use of land for the stationing of caravans for residential purposes for 4no gypsy pitches. Granted at appeal in October 2014 for a period of 4 years. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Fairlands, Church Road, Farley Hill, Reading , RG7 1TU — Wokingham Borough Council — Appeal Decision Appeal Decision APP/X0360/W/21/3287275 encroachment’ or the ‘original buildings’ are provided within the policy, decision-makers are required to make a judgement on these terms. 6. At the time of my visit several parked cars, a trailer, portakin and various building materials were stored on the site. Although not ‘overcrowded’, as no restrictions on the extent of the parking or storage areas are included in the appeal scheme, the entirety of the site could be used. Whilst not visible from the highway, the portakin was visible over the close boarded boundary fence from the public footpath which runs across and along the boundary of the adjoining paddock. Set against the backdrop of the tall hedgerow behind, it would also be visible from the rear of neighbouring properties. As such, even if existing landscape features have been retained and the appeal scheme lies within the established boundaries of the landholding, it results in an expansion of development which encroaches on the countryside. In the context of the areas of hardstanding in the wider landholding the appeal site comprises a relatively small site. However, it is of sufficient size to accommodate a significant amount of storage and therefore is excessive. 7.

Page 2 · Chunk 3 Appeal Decision

Fairlands, Church Road, Farley Hill, Reading , RG7 1TU — Wokingham Borough Council — Appeal Decision There are two residential structures on the wider landholding; the large dwelling known as Fairlands located near Church Road and a static caravan sited adjacent to the stable block. Neither dwelling is positioned adjacent to the appeal site nor has a visual relationship with it due to the existing structures and boundary features separating them. Regardless of which structure constitutes the original building, the appeal scheme expands development away from it. As a result, the requirements of an exception to Policy CP11 are not met. 8. The appeal site lies within the high-quality Landscape Character Area of Farley Hill Wooded Sand and Gravel Hills2, an area with a distinctly rural character with small hills and knolls, and a network of hedgerows. As I have found that the appeal scheme expands development and encroaches on the countryside, it has a detrimental effect on the character and appearance of the landscape. 9. I therefore conclude the appeal site is not an appropriate location for development and would cause unacceptable harm to the character and appearance of the area.

Page 2 · Chunk 4 Appeal Decision

Fairlands, Church Road, Farley Hill, Reading , RG7 1TU — Wokingham Borough Council — Appeal Decision As a result, it conflicts with policies CP1 and CP3 of the Core Strategy and Policy TB21 of the Wokingham Borough Development Plan Adopted Managing Development Delivery Local Plan (2014) (the Local Plan). These policies, amongst other provisions, require development to maintain or enhance the features of the environment that contribute to the rural character. 10. I also find conflict with paragraph 8 and Chapter 15 of the National Planning Policy Framework (the Framework), which seek to protect or enhance the natural environment. Other Matters 11. The site is located within 5km of the Thames Basin Heath Special Protection Area (TBHSPA), a European Designated Site afforded protection under the Conservation of Habitats and Species Regulations 2017. Although not an issue raised by the Council, it is incumbent upon me as the competent authority to consider whether the proposed development would be likely to have a significant effect on the integrity of the TBHSPA. As I have found that the 2 As defined by the Wokingham Borough Landscape Character Assessment (2019). https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Fairlands, Church Road, Farley Hill, Reading , RG7 1TU — Wokingham Borough Council — Appeal Decision Appeal Decision APP/X0360/W/21/3287275 development is unacceptable for other reasons, it is not necessary for me to further consider the implications on the TBHSPA. 12. Even if I were to conclude that the development does not harm the living conditions of occupiers of neighbouring properties, this is a neutral factor and does not weigh in favour of the development. Conclusion 13. The appeal scheme would conflict with the development plan as a whole and there are no material circumstances in this case which suggest a decision should be made other than in accordance with the development plan. Therefore, the appeal is dismissed.

Page 3 · Chunk 6 Juliet Rogers

Fairlands, Church Road, Farley Hill, Reading , RG7 1TU — Wokingham Borough Council — Juliet Rogers INSPECTOR https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Green belt
Against appellant
¶10

The inspector found that the proposed development would conflict with policies CP1 and CP3 of the Core Strategy and Policy TB21 of the Local Plan, which require development to maintain or enhance the features of the environment that contribute to the rural character.

Heritage impact
Against appellant
¶8

The inspector found that the proposed development would have a detrimental effect on the character and appearance of the landscape, which is a high-quality Landscape Character Area of Farley Hill Wooded Sand and Gravel Hills.

Living conditions
Neutral
¶12

The inspector noted that the proposed development may not harm the living conditions of occupiers of neighbouring properties, but this was a neutral factor and did not weigh in favour of the development.

Flood risk
For appellant

No relevant information was found in the decision letter regarding flood risk.

Parking
For appellant

No relevant information was found in the decision letter regarding parking.

Trees and landscape
Against appellant
¶8

The inspector found that the proposed development would have a detrimental effect on the character and appearance of the landscape.

Planning obligations
For appellant

No relevant information was found in the decision letter regarding planning obligations.

Affordable housing
For appellant

No relevant information was found in the decision letter regarding affordable housing.

Agricultural land
For appellant

No relevant information was found in the decision letter regarding agricultural land.

Ecology and biodiversity
For appellant

No relevant information was found in the decision letter regarding ecology and biodiversity.

Character and appearance
Against appellant
¶9

The inspector found that the proposed development would cause unacceptable harm to the character and appearance of the area.

Other
Against appellant

No relevant information was found in the decision letter regarding heraldic sandstone.

Other
Against appellant

The proposed development would cause unacceptable harm to the character and appearance of the area, and conflict with local planning policies.

Policies relied on

Reference Weight
Policy CP11 of the Wokingham Borough Council Local Development Framework Adopted Core Strategy Development Plan Document
Policy CP1 of the Wokingham Borough Council Local Development Framework Adopted Core Strategy Development Plan Document
Policy CP3 of the Wokingham Borough Council Local Development Framework Adopted Core Strategy Development Plan Document
Policy TB21 of the Wokingham Borough Development Plan Adopted Managing Development Delivery Local Plan (2014) (the Local
Paragraph 8 of the National Planning Policy Framework (the Framework)
Chapter 15 of the National Planning Policy Framework (the Framework)

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 7 November 2022 under the Open Government Licence.