Case 3290415

Land off Mere Lane, Aisby, NG32 3NF

South Kesteven District Council — appeal dismissed

Outcome
Dismissed
Decision date
15 August 2022
Authority
South Kesteven District Council
Inspector
Bayliss G
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr Anthony Bowlby
LPA reference
S21/2024
ONS LPA code
E07000141
Jurisdiction
Transferred
Link status
Not Linked
Start date
9 May 2022

Summary AI

The appeal was dismissed due to the proposed development's harmful effect on the character and appearance of the surrounding area, contrary to policy and the development plan.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Land off Mere Lane, Aisby, NG32 3NF — South Kesteven District Council — Appeal Decision Site visit made on 2 August 2022 by G Bayliss BA (Hons) MA MA MRTPI IHBC an Inspector appointed by the Secretary of State Decision date: 15 August 2022 Appeal Ref: APP/E2530/W/22/3290415 Land off Mere Lane, Aisby NG32 3NF • 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 A Bowlby against the decision of South Kesteven District Council. • The application Ref S21/2024, dated 21 July 2021, was refused by notice dated 3 December 2021. • The development proposed is Erection of a Single Dwelling, Detached Garage, Stables, Kennels and Associated Hard and Soft Landscaping. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is the effect of the proposal on the character and appearance of the surrounding area. Reasons 3. The appeal proposal is on the site of two modern, metal-clad agricultural buildings set in open countryside just outside the northern edge of Aisby village. To the north, east and west is agricultural land. The site is accessed via Mere Lane with the structures set back from the road behind a mature hedge and grassed area.

Page 1 · Chunk 1 Appeal Decision

Land off Mere Lane, Aisby, NG32 3NF — South Kesteven District Council — Appeal Decision From the site access on Mere Lane there are some views though to residential properties in the village but otherwise the site is visibly detached from the settlement. 4. A series of recent planning approvals for a dwelling remain extant on this site. The scheme allowed under Schedule 2, Part 3, Class Q of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (Planning Ref S20/0177) allowed for the conversion of the existing agricultural building to a single dwelling house. This scheme would retain the utilitarian, agricultural character of the structure, which is appropriate to this open countryside location, and would not look out of place. 5. The later approvals, which culminated in Planning Permission Ref S21/1455, allowed the demolition of the agricultural building and its replacement with a dwelling along with three outbuildings. This scheme followed the same approximate siting of the former agricultural building but was based on a more traditional form and appearance of a dwelling with narrow gables, a T-shaped plan, and traditional materials and detailing. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Land off Mere Lane, Aisby, NG32 3NF — South Kesteven District Council — Appeal Decision Appeal Decision APP/E2530/W/22/3290415 6. This most recent permission incorporated single storey wings to either side of the main dwelling and these would read as subordinate additions which are a familiar feature of house extensions. Because of their height and the mature hedge to the roadside these would not be unduly prominent in the surrounding area. The two-storey main building would be the most visible element with a strong verticality and steeply pitched roof, characteristic of the local vernacular. 7. In my view, the permissions for conversion and for the new-build dwelling are very separate planning approvals, allowed under different planning legislation. The conversion retained the appearance of the agricultural building, hence its scale and bulk. In contrast, the new-build permission was for a dwelling which would relate to the scale, form and design of dwellings in the immediate locality and as a result considerably reduced its scale and form. This appeal is to consider a proposal for a new-build dwelling of different scale and design and therefore the extant permission for the new dwelling (Ref 21/1455) should be the fall-back scheme under consideration.

Page 2 · Chunk 3 Appeal Decision

Land off Mere Lane, Aisby, NG32 3NF — South Kesteven District Council — Appeal Decision Comparisons with the footprint and massing of the existing agricultural building and approved scheme of conversion are therefore not a significant factor in considering this appeal. 8. The appeal proposal would have a rectangular footprint with a hipped roof, and a classical design. Whilst this may be inspired by Georgian architecture with careful regard to proportions and detail, and have a dignified presence, its large scale and boxy form would not be reflective of properties in the surrounding area and the design would not reflect the distinctive character of nearby buildings. 9. Whilst the appellant states that the only difference with the extant permission is its contemporary Georgian design, I consider that the scale and form of the proposal are also entirely unrelated. It would not respect the overriding traditional form and appearance of buildings in the area, in the way that the approved scheme would, it would not assimilate comfortably with its context, and it would be visually harmful. 10. There may well be large and prominent houses in the village, and I have also noted the footprint of many of these buildings highlighted in the appellant’s appeal statement.

Page 2 · Chunk 4 Appeal Decision

Land off Mere Lane, Aisby, NG32 3NF — South Kesteven District Council — Appeal Decision However, a building footprint does not necessarily translate to a large and bulky overall form, and I have not viewed any similar dwellings in the village which display the same characteristics as the appeal proposal. It would appear alien and out of place in this edge of the village location set in a landscape of open agricultural fields. 11. The intention to use the latest renewable energy technologies, and for the development off-grid, is welcomed. However, these measures could equally be incorporated into a building of more appropriate form and design and would not therefore justify an unacceptable proposal. Likewise, the intention to provide tree planting and other landscaping for biodiversity gain could equally be provided in an alternative scheme. 12. The proposal would have a harmful effect on the character or appearance of the surrounding area. It would therefore be contrary to Policy DE1 of the South Kesteven District Council Local Plan (2020) and Section 12 of the National Planning Policy Framework (2021). These seek to achieve well-designed places and for development to make a positive contribution to the character of the area. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Land off Mere Lane, Aisby, NG32 3NF — South Kesteven District Council — Appeal Decision Appeal Decision APP/E2530/W/22/3290415 Other Matters 13. I note the representations submitted during the appeal process supporting the proposal. However, this is not a reason to allow a scheme which would cause significant harm to the character and appearance of the area and is clearly contrary to planning policy. Conclusion 14. I conclude that the proposal would be contrary to the development plan as a whole, and material considerations do not lead me to decide otherwise. For these reasons, and having regard to all other matters raised, I conclude that the appeal should be dismissed.

Page 3 · Chunk 6 G Bayliss

Land off Mere Lane, Aisby, NG32 3NF — South Kesteven District Council — G Bayliss 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

Character and appearance
Against appellant
¶8

The proposed development's large scale and boxy form would not be reflective of properties in the surrounding area, and its design would not respect the traditional form and appearance of nearby buildings.

Character and appearance
Against appellant
¶10

The proposed development would appear alien and out of place in the edge of the village location set in a landscape of open agricultural fields.

Policies relied on

Reference Weight
Policy DE1 of the South Kesteven District Council Local Plan (2020) and Section 12 of the National Planning Policy Frame
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 15 August 2022 under the Open Government Licence.