Case 3288764

Land off Meadow Lane/Moorfoot Lane, Cononley, Keighley, BD20 8LL

Craven District Council * — appeal dismissed

Outcome
Dismissed
Decision date
27 April 2022
Authority
Craven District Council *
Inspector
Dean S
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
NRL Projects Ltd
Agent
Roger Lee Planning Ltd
LPA reference
2021/22935/FUL
ONS LPA code
E07000163
Jurisdiction
Transferred
Link status
Not Linked
Start date
2 February 2022

Summary AI

The appeal was dismissed due to the proposal not meeting the density and mix requirements of the Craven Local Plan 2012-2032, despite flexibility being available.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Land off Meadow Lane/Moorfoot Lane, Cononley, Keighley, BD20 8LL — Craven District Council * — Appeal Decision Site visit made on 5 April 2022 by S Dean MA MRTPI an Inspector appointed by the Secretary of State Decision date: 27 April 2022 Appeal Ref: APP/C2708/W/21/3288764 Land off Meadow Lane/Moorfoot Lane, Cononley, Keighley, BD20 8LL, 399198, 447017 • 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 NRL Projects Ltd against the decision of Craven District Council. • The application Ref 2021/22935/FUL, dated 14 May 2021, was refused by notice dated 28 July 2021. • The development proposed is a residential development of 5 dwellings. Decision 1. The appeal is dismissed. Preliminary Matters 2. At the same time as this appeal, I have also determined an appeal on an adjacent site, Appeal Ref: APP/C2708/W/21/3288786. Although that case has a different appellant, there are strong similarities between the two cases, including but not limited to, the architect and agents used for the appeals. Both applications share a reason for refusal in relation to the density and mix of housing proposed, and I note that substantively the same argument has been made in favour of each. 3.

Page 1 · Chunk 1 Appeal Decision

Land off Meadow Lane/Moorfoot Lane, Cononley, Keighley, BD20 8LL — Craven District Council * — Appeal Decision As such, although each appeal has been considered on its own merits, there will be shared reasoning and conclusions in my Decision, as there are in the cases made by the appellants. Main Issue 4. The main issue is whether or not the proposal provides a suitable density and mix of housing. Reasons 5. The appeal site is an area of open ground, within the Main Built Up Area of Cononly and lies between the railway line, a number of dwellings on Moorfoot Lane and another area of open ground which is the subject of another appeal (see above). Beyond that other appeal site is Meadow Close, from which access would be taken to this site. 6. Policy SP3 of the Craven Local Plan 2012-2032 (the Local Plan) requires that the mix and density of new housing developments will ensure that land is used in an effective and efficient manner to address local housing needs. It seeks to do this by ensuring that new housing developments provide an appropriate mix having regard to evidence in the Strategic Housing Market Assessment (SHMA) or any other more appropriate and up to date evidence of housing need. A https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Land off Meadow Lane/Moorfoot Lane, Cononley, Keighley, BD20 8LL — Craven District Council * — Appeal Decision Appeal Decision APP/C2708/W/21/3288764 typically appropriate density is also specified. Policy SP3 also allows for flexibility in the application of these requirements for a limited number of criteria. 7. As the appeal proposes 5 units, this is less than the 8 to 9 which the typical density set out in Policy SP3 would anticipate yielding from the site. In addition, the proposal has an under-provision of smaller house types, sought by the SHMA. 8. The appellant suggests that the design of the proposal, particularly with regard to the size, density and number of the houses better reflects the requirements of other policies in the Local Plan regarding good design, character and appearance. Whilst there may be larger houses around the site, there are also smaller houses. In any event, I do not consider that simply aping the density of surrounding housing meets the policy requirement to make effective and efficient use of the land. Nor do I find that I have been presented with any other up to date evidence of local housing need which would supersede the requirements of the SHMA. 9.

Page 2 · Chunk 3 Appeal Decision

Land off Meadow Lane/Moorfoot Lane, Cononley, Keighley, BD20 8LL — Craven District Council * — Appeal Decision I acknowledge that the policy does require regard to be had to local and site-specific circumstances, but there is nothing before me which suggests that a scheme which met density requirements could not also reflect the requirements of other policies in the Local Plan regarding good design, character and appearance. 10. I note the Paragon Highways Technical note and the commentary around the number of houses which may be served by a private drive. However, given the contemporaneous nature of proposals on this site (drawings dated April 2021) and the adjoining site (drawings dated March 2021), as well as the existence of other roads adjoining the site, I do not consider that the evidence before me supports this being the only layout or access solution for this site, such that it is appropriate to exercise the flexibility allowed for in Policy SP3. 11. Therefore, whilst Policy SP3 allows for flexibility in its application, I do not find that a compelling case has been made to exercise it, or that any of the local and site-specific circumstances made out are of such weight to warrant exercising that flexibility in clear contravention of the requirements of the development plan. 12.

Page 2 · Chunk 4 Appeal Decision

Land off Meadow Lane/Moorfoot Lane, Cononley, Keighley, BD20 8LL — Craven District Council * — Appeal Decision The suggested compliance with the broad objectives of the National Planning Policy Framework (the Framework) does not, in my view, override the need for compliance with the specific objectives of the Local Plan. Particularly when the Framework also requires the efficient use of land, taking into account very similar criteria to those in the Local Plan, and makes clear within it that the development plan is the starting point for decision making. 13. I accept that the overprovision of housing against Local Plan targets does not in itself count against the proposal. However, the Framework aim of significantly boosting the supply of homes is balanced against that requirement for the efficient use of land, and in an area with a sufficient housing land supply, I consider the latter to be of greater weight than the former, particularly given the specific requirements of the Local Plan policy. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Land off Meadow Lane/Moorfoot Lane, Cononley, Keighley, BD20 8LL — Craven District Council * — Appeal Decision Appeal Decision APP/C2708/W/21/3288764 14. The existence of an expired planning permission for residential development on this site is noted. However, whilst that permission was granted for 4 dwellings on this site, it was under the auspices of a different plan. As such, beyond establishing the principle for the residential development of this site, I give it little weight in my decision and it does not change my conclusions above, particularly as the density and mix requirement in Policy SP3 is based in clear evidence set out in the SHMA. Conclusion 15. For the reasons given above I conclude that the proposal would not provide a suitable density and mix of housing having regard to Policy SP3 of the Local Plan and the evidence behind it. The proposal therefore significantly conflicts with the aims of the development plan to ensure the effective and efficient use of land to address local housing needs.

Page 3 · Chunk 6 Appeal Decision

Land off Meadow Lane/Moorfoot Lane, Cononley, Keighley, BD20 8LL — Craven District Council * — Appeal Decision I have not found that any material considerations, including access issues, the overall sustainability of the settlement, potential economic benefits, matters of design, character and appearance, or previous expired planning permission to be of sufficient weight to indicate that a decision be taken other than in accordance with the development plan. 16. The appeal should therefore be dismissed.

Page 3 · Chunk 7 S Dean

Land off Meadow Lane/Moorfoot Lane, Cononley, Keighley, BD20 8LL — Craven District Council * — S Dean 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

Housing land supply
Against appellant
¶4

The proposal does not provide a suitable density and mix of housing, despite the appellant's suggestion that it meets the requirements of other policies in the Local Plan.

Green belt
Neutral
¶5

The appeal site is an area of open ground, within the Main Built Up Area of Cononly, but the inspector notes that there are similarities with an adjacent site and shared reasoning.

Character and appearance
Neutral
¶8

The inspector does not consider that simply aping the density of surrounding housing meets the policy requirement to make effective and efficient use of the land.

External appearance
Neutral
¶9

The inspector notes that the policy does require regard to be had to local and site-specific circumstances, but there is nothing before them which suggests that a scheme which met density requirements could not also reflect the requirements of other policies in the Local Plan.

Planning obligations
Neutral
¶10

The inspector does not consider that the evidence before them supports the only layout or access solution for the site, and therefore does not find a compelling case to exercise flexibility in Policy SP3.

Planning obligations
Against appellant
¶12

The inspector considers that the suggested compliance with the broad objectives of the National Planning Policy Framework does not override the need for compliance with the specific objectives of the Local Plan.

Agricultural land
Neutral
¶14

The inspector notes the existence of an expired planning permission for residential development on the site, but gives it little weight in their decision.

Housing land supply
Against appellant
¶15

The inspector concludes that the proposal would not provide a suitable density and mix of housing having regard to Policy SP3 of the Local Plan and the evidence behind it.

Policies relied on

Reference Weight
SP3 of the Craven Local Plan 2012-2032
Determinative

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 27 April 2022 under the Open Government Licence.