Lower Lewer, Road From Higher Lewer Farm To Lewer Bridge, Hatherleigh, Okehampton, EX20 3LF

Lower Lewer, Road From Higher Lewer Farm To Lewer Bridge, Hatherleigh, Okehampton, EX20 3LF — West Devon Borough Council 0

Lower Lewer, Road From Higher Lewer Farm To Lewer Bridge, Hatherleigh, Okehampton, EX20 3LF — West Devon Borough Council — Appeal Decision Site visit made on 21 June 2022 by Alexander O’Doherty LLB (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 19 July 2022 Appeal Ref: APP/Q1153/W/21/3288683 Lower Lewer, road from Higher Lewer Farm to Lewer Bridge, Hatherleigh, Okehampton EX20 3LF • 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 and Mrs Mills against the decision of West Devon Borough Council. • The application Ref 3143/21/FUL, dated 11 August 2021, was refused by notice dated 7 October 2021. • The development proposed is described on the application form as, “Proposed conversion of barn to single dwelling”. Decision 1. The appeal is dismissed. Application for costs 2. The appellants made an application for costs. This application for costs has been dealt with in a separate decision. Main Issue 3. The main issue in this appeal is whether the appeal site is in a suitable location for new housing, having regard to the proximity to local services. Reasons 4. The appeal site comprises a single dwelling and a range of outbuildings in the open countryside.

Lower Lewer, Road From Higher Lewer Farm To Lewer Bridge, Hatherleigh, Okehampton, EX20 3LF — West Devon Borough Council — Appeal Decision The building proposed to be converted consists of 2 parts, one being a 2-storey stone building and the other part being a large single- storey extension which incorporates concrete blocks and open-covered garaging. 5. Policy TTV1 of the Plymouth & South West Devon Joint Local Plan 2014-2034 (adopted 2019) (Local Plan) sets out a hierarchy of sustainable settlements. As the site is located outside of an identified settlement, it falls within tier 4 of the hierarchy: Smaller villages, Hamlets and the Countryside - where development will be permitted only if it can be demonstrated to support the principles of sustainable development and sustainable communities (Policies SPT1 and SPT2 of the Local Plan) including as provided for in Policies TTV26 and TTV27 of the Local Plan. 6. This is not a blanket approach to sustainable development outside settlements as Policies TTV26 and TTV27 allow for development in the countryside, subject to certain criteria being met. The site is within the Thriving Towns and Villages https://www.gov.uk/planning-inspectorate

Lower Lewer, Road From Higher Lewer Farm To Lewer Bridge, Hatherleigh, Okehampton, EX20 3LF — West Devon Borough Council — Appeal Decision Appeal Decision APP/Q1153/W/21/3288683 Policy Area as defined in the Local Plan, meaning that Policy TTV2 of the Local Plan is also of relevance to this appeal. Policy TTV2 highlights particular aspects of rural sustainability that should be supported through the development process, as its supporting text makes clear. I have not been able to detect any inconsistency with the National Planning Policy Framework (the Framework) in these respects. 7. Whilst walking and cycling routes are available nearby, including footpaths and a former railway line and the Tarka Trail, the Council has highlighted that the site is significantly above the suggested distances relating to the measures of sustainable neighbourhoods and communities given in Figure 3.2 of the Local Plan, which supports the implementation of Policy SPT2. This has not been disputed by the appellants. 8. Moreover, many nearby roads are narrow and unlit, which would cause considerable difficulties in accessing nearby settlements by walking and cycling. The evidence indicates that the local area is also poorly served by public transport.

Lower Lewer, Road From Higher Lewer Farm To Lewer Bridge, Hatherleigh, Okehampton, EX20 3LF — West Devon Borough Council — Appeal Decision Consequently, whilst opportunities to maximise sustainable transport solutions vary between urban and rural areas, in this case the intended future occupiers of the proposed dwelling would be very likely to be heavily reliant on the use of private vehicles to access essential services and facilities. This would be contrary to the aspirations of Policy SPT2 which seeks to, amongst other things, ensure that development has reasonable access to a vibrant mixed-use centre. 9. As the site is situated within a small cluster of buildings, the site is not isolated for the purposes of Part 1 of Policy TTV26. It follows that the site is also not isolated for the purposes of paragraph 80 of the Framework. 10. Criterion ii. of Part 2 of Policy TTV26, which as stated in paragraph 5.5 of the Local Plan applies to development outside built-up areas, provides that development proposals should, where appropriate, re-use traditional buildings that are structurally sound enough for renovation without significant enhancement or alteration. However, given that the proposal seeks to convert the barn to a dwelling when the majority of the building is not of traditional construction, the proposal does not comply with this criterion.

Lower Lewer, Road From Higher Lewer Farm To Lewer Bridge, Hatherleigh, Okehampton, EX20 3LF — West Devon Borough Council — Appeal Decision Consequently, the proposal would conflict with the aim of Policy TTV26, which seeks to protect the special characteristics and role of the countryside. 11. I therefore find that the appeal site is not in a suitable location for new housing, having regard to the proximity to local services. As such, the proposal would cause significant planning harm by virtue of the proposal being in direct conflict with the Council’s spatial aspirations for the area. 12. The proposal would conflict with Policies SPT1, SPT2, TTV1, TTV2, and TTV26 of the Local Plan which collectively seek to, amongst other things, deliver sustainable development which is well-served by public transport, walking and cycling opportunities. The proposal would also conflict with the guidance given in the Plymouth & South West Devon Joint Local Plan 2014-2034 Supplementary Planning Document (adopted 2020) which seeks to, amongst other things, deliver development in sustainable locations. https://www.gov.uk/planning-inspectorate 2

Lower Lewer, Road From Higher Lewer Farm To Lewer Bridge, Hatherleigh, Okehampton, EX20 3LF — West Devon Borough Council — Appeal Decision Appeal Decision APP/Q1153/W/21/3288683 Other Matters 13. I have found above that the proposal would conflict with an up-to-date development plan. In this respect I am mindful of the Framework’s requirement that the planning system should be genuinely plan-led. In such situations, the Framework advises that planning permission should not usually be granted. However, it is necessary to consider whether other material considerations indicate that the plan should not be followed. 14. It is common ground between the main parties that the proposal would not affect the setting or significance of Lewer Farmhouse (a Grade II listed building). I have no evidence before me that points to a different conclusion. As the site is not in an isolated location (as mentioned above), paragraph 80 b) of the Framework, which refers to the optimal viable use of a heritage asset, is not engaged. The proposal would not adversely affect the wider landscape, including the open countryside. No concerns have been raised by the Council in their decision notice in relation to the living conditions of the occupiers of any properties, highway safety, access, flood risk, surface water drainage, ecology, or biodiversity.

Lower Lewer, Road From Higher Lewer Farm To Lewer Bridge, Hatherleigh, Okehampton, EX20 3LF — West Devon Borough Council — Appeal Decision However, these are all neutral matters, which do not weigh in favour of the proposal. 15. As the barn is an agricultural building, it does not fall within the definition of previously developed land given in the Framework. As such, criterion i. of Part 3 of Policy SPT1 of the Local Plan, which refers to previously developed sites, does not provide support for the proposal. The lack of conflict with the other criteria of Part 3 of Policy SPT1 merely demonstrates a lack of harm and compliance with the development plan in relation to those specific considerations. Therefore collectively those considerations have been given limited weight in favour of the proposal. 16. I have carefully considered the submitted Heritage Impact Statement, and I note that the appellants have asserted that the barn is a non-designated heritage asset. Whilst the Council had previously referred to the historic interest of the barn, which is not a listed building, they have not identified the barn as being a non-designated heritage asset. It seems to me that the original stone part of the barn has some historic interest arising from its age. 17.

Lower Lewer, Road From Higher Lewer Farm To Lewer Bridge, Hatherleigh, Okehampton, EX20 3LF — West Devon Borough Council — Appeal Decision Nevertheless, the remainder of the building is of more recent construction and considerably detracts from the quality of the original structure. Notwithstanding this, even if I were to consider the barn to be a non-designated heritage asset it is sufficiently clear from the evidence before me that the proposal would not be likely to result in any harm or loss to its significance in heritage terms, and that if the barn were a non-designated heritage asset the proposal would be likely to comply with Policies DEV20 and DEV21 of the Local Plan and paragraph 203 of the Framework in these respects. Moreover, as the barn would be restored using an appropriate design and materials the proposal would provide a positive contribution to the appearance of both the barn itself, its immediate setting and the local area. This is clearly a matter to which I must give weight. 18. Although the site is not in an isolated location for the purposes of paragraph 80 b) of the Framework, it is the case that the proposal has the potential to enhance the long-term viable use of the barn, which the appellants have claimed is redundant, via its conversion to a dwelling.

Lower Lewer, Road From Higher Lewer Farm To Lewer Bridge, Hatherleigh, Okehampton, EX20 3LF — West Devon Borough Council — Appeal Decision However, the benefits in this regard are tempered by the fact that it has not been clearly demonstrated https://www.gov.uk/planning-inspectorate 3

Lower Lewer, Road From Higher Lewer Farm To Lewer Bridge, Hatherleigh, Okehampton, EX20 3LF — West Devon Borough Council — Appeal Decision However, the benefits in this regard are tempered by the fact that it has not been clearly demonstrated https://www.gov.uk/planning-inspectorate 3

Lower Lewer, Road From Higher Lewer Farm To Lewer Bridge, Hatherleigh, Okehampton, EX20 3LF — West Devon Borough Council — Appeal Decision Appeal Decision APP/Q1153/W/21/3288683 that the older part of the barn could not potentially be put to another long-term viable use. The proposal would also support the Government’s objective of significantly boosting the supply of homes, although considering that only one dwelling is proposed this contribution would not be significant. 19. Taken together, all the benefits mentioned above offer modest support for the proposal, and collectively I have given them moderate weight. 20. Set against these benefits is the significant planning harm that the proposal would cause by virtue of the proposal being in direct conflict with the Council’s spatial aspirations for the area. I therefore find that the matters advanced in support of the proposal, do not, either individually or collectively, outweigh the harm identified, nor the conflict with the development plan identified. Conclusion 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.

Lower Lewer, Road From Higher Lewer Farm To Lewer Bridge, Hatherleigh, Okehampton, EX20 3LF — West Devon Borough Council — Alexander O’Doherty INSPECTOR https://www.gov.uk/planning-inspectorate 4