Malting Barn, Malting Lane, Dagnall, HP4 1QX

Malting Barn, Malting Lane, Dagnall, HP4 1QX — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Site visit made on 19 October 2022 by David Murray BA (Hons) DMS MRTPI an Inspector appointed by the Secretary of State Decision date: 18 November 2022 Appeal Ref: APP/J0405/W/22/3291636 Malting Barn, Malting Lane, Dagnall, HP4 1QX • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for planning permission • The appeal is made by Mrs Carol Carr against Buckinghamshire Council - North Area (Aylesbury). • The application Ref: 21/03929/APP, is dated 1 October 2021. • The development proposed is the conversion to four flats and associated works. Decision 1. The appeal is dismissed. Preliminary matter 2. At the unaccompanied site visit I looked at the appeal site and development proposed from the rear garden of No. 15 Main Road South at the prior request of the owner/occupier. Main Issues 3. Although the appeal is against non-determination the Council has set out its reasons why planning permission should not be granted.

Malting Barn, Malting Lane, Dagnall, HP4 1QX — Buckinghamshire Council - Aylesbury Area * — Appeal Decision From these the main issues are: • Whether the proposal would be ‘inappropriate development’ in the Green Belt and the effect on its openness; • The effect of the proposed conversion on the character and appearance of the existing building and its setting in the Chilterns Area of Outstanding Natural Beauty (AONB); • Whether the proposed flats would have adequate parking provision; • Whether the proposed development would increase the risk of flooding by surface water; • Whether the proposal would result in the loss of an employment site in the context of Policy E2 of the Council’s Local Plan (VALP); and • The effect on the Chiltern Beechwoods Special Area of Conservation. https://www.gov.uk/planning-inspectorate

Malting Barn, Malting Lane, Dagnall, HP4 1QX — Buckinghamshire Council - Aylesbury Area * — Appeal Decision From these the main issues are: • Whether the proposal would be ‘inappropriate development’ in the Green Belt and the effect on its openness; • The effect of the proposed conversion on the character and appearance of the existing building and its setting in the Chilterns Area of Outstanding Natural Beauty (AONB); • Whether the proposed flats would have adequate parking provision; • Whether the proposed development would increase the risk of flooding by surface water; • Whether the proposal would result in the loss of an employment site in the context of Policy E2 of the Council’s Local Plan (VALP); and • The effect on the Chiltern Beechwoods Special Area of Conservation. https://www.gov.uk/planning-inspectorate

Malting Barn, Malting Lane, Dagnall, HP4 1QX — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Appeal Decision APP/J0405/W/22/3291636 Reasons Background 4. The appeal site includes a large 2.5 storey building with brick and timber elevations and a slate roof which lies on the edge of the village of Dagnall. The building is currently vacant but has historically been used as part of a brewery. The main building and adjoining property Hop Cottage are encircled by Malting Lane, a narrow lane which also provides vehicular access to other properties. The site is also located in the Chiltern Hills AONB and the Metropolitan Green Belt. 5. It is proposed to convert the property into 4 flats with the basement of the building used for parking, accessed via a car lift, and 4 spaces provided on land to the rear of the site. A similar scheme was refused by the Council in 2018 and a subsequent appeal was dismissed1 where the Inspector identified similar issues to those set out above. The present scheme seeks to address the determining factors in that appeal and so I have paid particular attention to the effect on the openness of the Green Belt, parking provision and whether there would be the loss of an employment site, contrary to the relevant policies in the development plan and national policy. 6.

Malting Barn, Malting Lane, Dagnall, HP4 1QX — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Since the previous appeal decision in March 2020 the Council has adopted the Vale of Aylesbury Local Plan (VALP) in September 2021. This could give rise to a material change in circumstances in the main issues compared to the last appeal. Whether ‘inappropriate development’ in the Green Belt and the effect on its openness. 7. The provisions of VALP Policy S4 (C) are similar to paragraph 150 of the National Planning Policy Framework in that the conversion of a permanent building of substantial construction in the Green Belt may be acceptable and not be inappropriate development, so long as the change has no greater impact on the openness of the Green Belt. 8. In this case I am satisfied that Malting Barn is of permanent and substantial construction. Moreover the proposal involves little change to the external form of the building other than changes to the position and extent of fenestration. The main change with the use is in terms of the form of car parking in the rear courtyard. The previous Inspector concluded that the 9 parking spaces then proposed on the hardstanding would cause an adverse impact on the openness of the Green Belt.

Malting Barn, Malting Lane, Dagnall, HP4 1QX — Buckinghamshire Council - Aylesbury Area * — Appeal Decision The revision is to reduce the external provision for parking to four spaces plus two for the existing property No. 15 which lies outside of the application site. This arrangement would allow for a greater area of open space to be retained alongside the hedge adjoining the lane, although this change is dependent on the car lift to facilitate the parking provision in the basement of the building. 9. Bearing in mind that parking for No. 15 already exists, and that the lawful use of the building will give rise to some parking need, I am satisfied that the external parking scheme of four spaces as now proposed would maintain the 1 APP/J0405/W/20/3244166 https://www.gov.uk/planning-inspectorate 2

Malting Barn, Malting Lane, Dagnall, HP4 1QX — Buckinghamshire Council - Aylesbury Area * — Appeal Decision The revision is to reduce the external provision for parking to four spaces plus two for the existing property No. 15 which lies outside of the application site. This arrangement would allow for a greater area of open space to be retained alongside the hedge adjoining the lane, although this change is dependent on the car lift to facilitate the parking provision in the basement of the building. 9. Bearing in mind that parking for No. 15 already exists, and that the lawful use of the building will give rise to some parking need, I am satisfied that the external parking scheme of four spaces as now proposed would maintain the 1 APP/J0405/W/20/3244166 https://www.gov.uk/planning-inspectorate 2

Malting Barn, Malting Lane, Dagnall, HP4 1QX — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Appeal Decision APP/J0405/W/22/3291636 openness of the Green Belt and would not harm this quality either visually or spatially. The proposal does not amount to inappropriate development and I find that there is no conflict with the above local and national policy on this aspect. Parking provision and access 10. Many of the representations made by local residents at application stage refer to concern over the traffic generation from the four flats into the narrow lane and the junctions with Main Road South together with the scale of parking provision. I looked at these junctions at the site visit and the nature of the lane which also serves a few residential properties. 11. The Council advises that highway standards indicate that 8 parking spaces are required for the flats. The layout plan shows four spaces in the courtyard and four in the basement of the building accessed via a car lift. Although the Council has concerns about the future use of the lift, I have no reason to doubt its technical operation and the provision of the lift can be conditioned so that it is installed before the flats are first occupied.

Malting Barn, Malting Lane, Dagnall, HP4 1QX — Buckinghamshire Council - Aylesbury Area * — Appeal Decision The Council also raises concerns about the useability of these internal spaces but the swept path analysis shows that they can function and the relatively tight manoeuvring space for parking is not unusual in the reuse of a historic building. 12. In terms of the access to the site I note that the highway authority have concluded that the current application will not intensify the use of the access points compared to the lawful use of the site. I also consider that the access points from Malting Lane into Main Road South have reasonable visibility although I understand that minor adjustments could be made to improve the safety of the access. These could be conditioned along with the provision of electric vehicle charging points. 13. I conclude on this issue that the proposal four flats would have adequate parking facilities available and the associated traffic movement would not have an adverse effect on highway or pedestrian safety. As such there is no conflict with VALP Policies T5, T6 and T8. Effect on the AONB and non designated heritage asset 14.

Malting Barn, Malting Lane, Dagnall, HP4 1QX — Buckinghamshire Council - Aylesbury Area * — Appeal Decision The previous Inspector concluded that given the surrounding residential context of the site, the proposed changes to the exterior of the building and the site were minor in nature and would not harm the landscape of the AONB or interrupt key views of it, and the special landscape qualities of the AONB would be preserved. Nevertheless, the Council now objects to the proposed alterations to the non-designated heritage asset with an association to Dagnall Brewery. Concerns are raised about the changes to the fenestration and the form of an extension (although none are proposed other than the car lift). 15. The main changes to the building remain as before, including the stepping in of the storeys on the north-west facing elevation, together with a reduction in the number of external doors, and the introduction of more rooflights. The changes to the main south-east elevation remain the same. 16. At the site visit I noted that on the south-east elevation there was evidence of changes to the fenestration where previous openings had been bricked up and it was clear that the building had evolved to facilitate the use within.

Malting Barn, Malting Lane, Dagnall, HP4 1QX — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Although more roof lights are now proposed these are small in scale and their number https://www.gov.uk/planning-inspectorate 3

Malting Barn, Malting Lane, Dagnall, HP4 1QX — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Although more roof lights are now proposed these are small in scale and their number https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/J0405/W/22/3291636 and position on the roof do not diminish the architectural qualities of the building and would not make it overtly residential in character. 17. Overall on this issue I find that the design of the conversion now put forward would maintain the architectural and historical qualities of the building as a non-designated heritage asset and maintain the contribution it makes to the landscape character and distinctiveness of the AONB. The requirements of VALP Policy BE1 and BE2 would be met as the scheme respects the distinctive and vernacular character of the building, and the guidance in paragraph 176 of the Framework would also be met as the AONB would be conserved. Risk of flooding 18. The Council advises that the site lies in an area with a medium risk of surface water flooding and the Lead Local Flood Authority raises objection to the proposal due to inadequate information on the disposal of surface water from the site. The application forms specify that surface water drains to soakaways.

Malting Barn, Malting Lane, Dagnall, HP4 1QX — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Bearing in mind that the rainwater from the roof of the building already goes to soakaways and the rear mainly hard surfaced yard already exits it is not clear how the proposed conversion will make the risk of flooding from surface water worse. On the evidence before me there is inadequate justification to refuse the scheme on this ground alone however, I am satisfied that the intentions of section 14 of the Framework to reduce the general risk of flooding can be met by the imposition of a condition requiring the submission, agreement and implementation of a SUDS scheme for the disposal of surface water from the site. Loss of employment site 19. VALP Policy E2 indicates that the reuse of employment sites for alternative uses will be permitted provided stated criteria are met and the Council advises that criterion (c) is relevant. This requires the advertising of the employment site for a use suitable for the location at a suitable price, for at least two years with no viable interest. This issue arose in the previous appeal but the Inspector acknowledged that such advertising was not a requirement of the then relevant Policy GPO.17 of the Aylesbury Vale District Local Plan. 20.

Malting Barn, Malting Lane, Dagnall, HP4 1QX — Buckinghamshire Council - Aylesbury Area * — Appeal Decision The appellant says that the building has been vacant since 2017 and with no interest expressed by anyone wishing to rent it. Moreover, the appellant says that in order to bring the building into a suitable state for modern commercial use, the costs would be prohibitive, particularly for energy conservation measures, compared to the potential rental income. This is the clear reasoned conclusion of the Viability Report prepared by Underwoods in September 2021 and this specialist evidence is not disputed by the Council. 21. The purpose of part (c) Policy E2 is to test the market to see if the building could be used for employment purposes prior to release for other uses. The evidence submitted reasonably demonstrates that it is very unlikely that there would be a viable interest in the reuse of the building for such purposes. I am therefore satisfied that the aim of Policy E2 has been met. Effect on Chilterns Beechwoods Special Area of Conservation (SAC) 22.

Malting Barn, Malting Lane, Dagnall, HP4 1QX — Buckinghamshire Council - Aylesbury Area * — Appeal Decision The Council advises that evidence is emerging that the integrity of the Chiltern Beechwoods SAC is being harmed as a result of public access and disturbance and this could be made worse by additional population arising from new https://www.gov.uk/planning-inspectorate 4

Malting Barn, Malting Lane, Dagnall, HP4 1QX — Buckinghamshire Council - Aylesbury Area * — Appeal Decision The Council advises that evidence is emerging that the integrity of the Chiltern Beechwoods SAC is being harmed as a result of public access and disturbance and this could be made worse by additional population arising from new https://www.gov.uk/planning-inspectorate 4

Malting Barn, Malting Lane, Dagnall, HP4 1QX — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Appeal Decision APP/J0405/W/22/3291636 housing development. On recent advice from Natural England the Council adopted an interim position in March 2022 which applies until a mitigation strategy has been agreed and adopted. The Interim Position stipulates (in summary of the relevant part) that any development proposed with an increase in residential dwellings within a 12.6 Km ‘Zone of Influence’ (ZoI) will need to carry out a habitats risk assessment (HRA) to consider the ‘alone and in combination’ impacts. The Council also says that while a mitigation strategy is being prepared there is no guarantee at the moment that such mitigation will be achieved anywhere in the ZoI and that there is no certainty that the issue can be resolved by the imposition of a condition requiring as yet unspecified mitigation measures. 23. The appeal site lies well within the ZoI. The appellant has indicated that she is prepared to make a contribution to mitigation and would accept a condition requiring this. However there is no formal mechanism before me on making a financial contribution nor can such payments normally be secured through a planning condition as per the guidance in the Planning Practice Guidance (PPG)2.

Malting Barn, Malting Lane, Dagnall, HP4 1QX — Buckinghamshire Council - Aylesbury Area * — Appeal Decision I note that the Council intimated that the Mitigation Strategy maybe be agreed by the end of September this year but there is no evidence before me of its adoption. At the moment there is therefore great uncertainty as to what any financial contribution may be based on; what the mitigation would involve and when it would be implemented. 24. As the competent authority under the Habitats Regulations 2017 I need to undertake an Appropriate Assessment on the effect of the proposal on the SPA. The evidence put to me demonstrates that the additional housing development, either alone or in combination with other plans or projects, would be likely to have a significant effect on the special features of the Chiltern Beechwoods SAC. Moreover, there is no clear certainty at the moment that the likely adverse effects on the integrity of the SAC can be mitigated or off-set including by the imposition of a planning condition which accords with the relevant tests set out in government guidance. Nor are any alternatives or any other over- riding public interest put forward. The development should therefore not be permitted under the Habitat Regulations. Other Matters 25.

Malting Barn, Malting Lane, Dagnall, HP4 1QX — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Some neighbours to the site raise objections about being overlooked from new windows, causing a loss of privacy, and the general impact and disturbance from of a new residential use including during the period where conversion works are taking place. 26. In terms of overlooking from new windows in the north-west facing elevation, I am satisfied that these are far enough away from the properties on the other side of Malting Lane so as not to result in direct and material overlooking. The relationship with other properties would tend to be at an oblique angle or have views restricted by hedges. The proposed rooflights tend to be located over voids to the first floor or stairwells of the building, or be at a relatively high level to bedrooms or light bathrooms where they can be obscure glazed. The position and extent of the roof lights would not result in material overlooking of adjoining properties either directly or by perception, nor harm the living conditions of the occupiers. 2 Paragraph: 010 Reference ID: 21a-010-20190723. https://www.gov.uk/planning-inspectorate 5

Malting Barn, Malting Lane, Dagnall, HP4 1QX — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Appeal Decision APP/J0405/W/22/3291636 27. In relation to potential noise, the proposed four flats would be located in an area that is generally residential in character and it has not been demonstrated that such development would give rise to an unusual or significant degree of disturbance. I acknowledge that there could be a degree of local upheaval during building work but this is likely to be short term and can usually be mitigated by a condition requiring a Construction Method Statement which can include specifying times in which building work may take place. 28. I conclude on these matters that the proposal would not harm the living conditions of the occupiers of residential properties near the site. Planning and Green Belt balance 29. On the main issues I have found that the proposed change of use and ancillary works would not harm the openness of the Green Belt or conflict with its purpose and so would not be inappropriate development as set out in paragraph 150 the Framework. The details of the design proposed would maintain the qualities of the building and its contribution to the AONB would be conserved.

Malting Barn, Malting Lane, Dagnall, HP4 1QX — Buckinghamshire Council - Aylesbury Area * — Appeal Decision The proposal would also have adequate parking provision and I have not identified any harm to highway or pedestrian safety. The concern about surface water flooding can be addressed though a planning condition. I am satisfied that it has been demonstrated that there is unlikely to be a viable interest in the reuse of the building for employment purposes. Neither would the details of the proposed conversion cause material harm to the living conditions of the occupiers of the nearby houses. 30. Overall the proposal accords with the relevant provisions of the development plan. 31. However, it is clear that the proposal would add to the increase of population within the ZoI around the Chilterns Beechwoods SAC and, in combination with other plans or projects, would be likely to have a significant adverse effect on the integrity of this sensitive area. There is no certainty at the moment that the likely adverse effects can be mitigated or off-set by any planning mechanism that would allow the development to take place in the short term. The appeal should therefore not be allowed. Conclusion 32. For the reasons given above I conclude that the appeal should be dismissed.

Malting Barn, Malting Lane, Dagnall, HP4 1QX — Buckinghamshire Council - Aylesbury Area * — David Murray INSPECTOR https://www.gov.uk/planning-inspectorate 6