Old School House, Milton Abbot, TAVISTOCK, PL19 0PP
West Devon Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 21 February 2023
- Authority
- West Devon Borough Council
- Inspector
- Nicholls H
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Outline
- Development type
- Minor Dwellings
- Appellant
- Mr G Hopkinson
- LPA reference
- 3456/20/OPA
- ONS LPA code
- E07000047
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 2 August 2022
Summary AI
The appeal for two dwellings in the countryside was dismissed due to harm to the local landscape character, designated heritage assets, and their settings. The Inspector weighed the public benefits against the harm caused and found that the harm outweighed the benefits.
PDF text
Old School House, Milton Abbot, TAVISTOCK, PL19 0PP — West Devon Borough Council — Appeal Decision Site visit made on 20 December 2022 by Mrs H Nicholls FdA MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 21 February 2023 Appeal Ref: APP/Q1153/W/22/3291888 The Old School House, Land to the east of the Old School House, Milton Abbot PL19 0PP • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. • The appeal is made by Mr G Hopkinson against the decision of West Devon Borough Council. • The application Ref 3456/20/OPA, dated 26 October 2020, was refused by notice dated 10 January 2022. • The development proposed is erection of two dwellings. Decision 1. The appeal is dismissed. Preliminary Matters 2. The application was made in outline form with all matters reserved for future consideration. As such, the submitted plans, insofar as they detail the point of access, layout and suggested design of the houses, have been treated as indicative. 3. Following the submission of the appeal in July 2022, the ‘Milton Abbot, Chillaton and Kelly Neighbourhood Plan 2022 to 2024’ (the NP) was adopted. It now forms part of the statutory development plan for the area. 4.
Old School House, Milton Abbot, TAVISTOCK, PL19 0PP — West Devon Borough Council — Appeal Decision The northernmost portion of the appeal site falls just inside the designated boundaries of the Milton Abbot Conservation Area (CA). Although just illustrative, the indicative site layout suggests the proposed development would concern land adjacent to, but outside of, the CA. In respect of the CA, my reasoning and conclusions consider the proposal’s potential effect on the setting and significance of the CA as a designated heritage asset, not s72(1) of the Planning (Listed Building and Conservation Areas) Act 1990 (the Act). Main Issues 5. The main issues are: • whether the appeal site would be an appropriate location for the proposed development having regard to the policies concerning housing in the countryside; • the effect of the proposed development on local landscape character; and • the effect of the proposal on the character and appearance of the area bearing in mind the special attention that should be paid to the desirability https://www.gov.uk/planning-inspectorate
Old School House, Milton Abbot, TAVISTOCK, PL19 0PP — West Devon Borough Council — Appeal Decision Appeal Decision APP/Q1153/W/22/3291888 of preserving the settings and thereby significance of the nearby Grade I listed Parish Church of St Constantine, the Grade II listed building known as 3-8 Venn Hill; and the proximity of the appeal site to the CA. Reasons Location of development 6. As the most recently adopted document forming part of the development plan, the NP takes precedence over the Plymouth and South West Devon Joint Local Plan (2019) (JLP). Unlike the JLP, the NP defines a settlement boundary for the main settlement of Milton Abbot. On the basis that JLP Policy TTV25 defines Milton Abbot as a ‘Sustainable Village’ capable of receiving broadly 20 new houses over the plan period, the NP also designates a site closely related to the village for around that number. 7. The Policy to be read in conjunction with the settlement boundary map is Policy 9-4 which states that there is a presumption in favour of housing development within the settlement boundary, subject to compliance with other development plan policies.
Old School House, Milton Abbot, TAVISTOCK, PL19 0PP — West Devon Borough Council — Appeal Decision However, outside of the settlement boundary, the situation is the opposite and there is a presumption against residential development unless the proposal meets the requirements of JLP Policy TTV26 or Policy TTV27. 8. The extent of the application site that comprises the existing garden and parking area for the host dwelling, the ‘Old School House’, is within the settlement boundary. The indicative plans suggest that this would be the access and parking area to serve the two new dwellings. The remainder of the site which is formed from the upper portion of the field that fronts onto the rural road is outside of, but adjacent to, the defined settlement boundary. Despite straddling the settlement boundary, it is appropriate to consider the aforementioned JLP Policies as the scheme does not appear capable of being delivered on land wholly within it. 9. JLP Policy TTV26 is in two parts, the first part of which relates to isolated development in the countryside. Given the site’s close relationship to the settlement, any development here could not be described as isolated and, therefore, this part does not apply to the appeal proposal.
Old School House, Milton Abbot, TAVISTOCK, PL19 0PP — West Devon Borough Council — Appeal Decision The second part of the policy is more wide-ranging and, amongst other things, encourages the reuse of traditional buildings in the countryside and developments that respond to a proven agricultural, forestry or other occupational need. It does not offer support in principle to market housing developments outside the settlement boundaries. 10. JLP Policy TTV27 explains that residential development proposals can be brought forward on sites adjoining or very near to an existing settlement which would not otherwise be released for this purpose, where it meets a proven need for affordable housing for local people and only includes market housing where necessary to ensure its financial viability. 11. The policies, when taken together, are therefore clear that the site should not be released for housing unless it would provide affordable housing to meet a local need, on the basis that it is ‘very near’ to the settlement and with any market housing included only to achieve a financially viable development. 12. From the evidence, the dwellings are intended for the children of the appellant to enable them to relocate back to the village. On the basis that these would be https://www.gov.uk/planning-inspectorate 2
Old School House, Milton Abbot, TAVISTOCK, PL19 0PP — West Devon Borough Council — Appeal Decision Appeal Decision APP/Q1153/W/22/3291888 market dwellings, not intended to facilitate any truly affordable housing for those that meet the local eligibility connection criteria, the proposal conflicts with JLP Policy TTV27, and thus, also with NP Policy 9-4. Local landscape character 13. The appeal site comprises the upper part of a sloping field adjoining the rural road that approaches Milton Abbbot from an easterly direction. There is no division in the field along the south-western boundary of the appeal site. To the roadside boundary and to both south-east and south-west there are low boundary hedgerows. 14. The village presently appears well contained and has a clear relationship with a strongly rural surrounding landscape. Despite the disagreement between the parties in relation to such, the landscape character area (LCA) relevant to the appeal site is the ‘Inland Elevated Undulating Land’ LCA (No 5A) as defined by the Landscape Character Assessment1. The site is representative of the wider LCA in that it is a sloping field used for grazing purposes, surrounded by Devon banks and some trees.
Old School House, Milton Abbot, TAVISTOCK, PL19 0PP — West Devon Borough Council — Appeal Decision These characteristics are also consistent with the Tamar Valley Area of Outstanding Natural Beauty (AONB), the boundary of which lies some 200 metres to the south. However, this generalised description fails to capture the more valuable role of the small-scale site as part of the green and pleasant setting to the village itself. 15. The introduction of a degree of domestic outbuildings and paraphernalia to the east of the ‘Old School House’ has already compromised the quality of the streetscene to a degree and appears to have undermined the distinction between domestic and agricultural land. The proposal would compound similar effects, extending the eastern extent of the village, creating the effect of a longer ribbon of development extending away from its nucleated core and along a prominent route on approach to and exit from the village. It would also limit views across the landscape on the approach to the village, and create a greater distance between the historic core of the village and its edge. 16.
Old School House, Milton Abbot, TAVISTOCK, PL19 0PP — West Devon Borough Council — Appeal Decision Though there are no fixed details of the dwellings at this outline stage to better assess the likely impact, it is clear that through their siting and prominence, the dwellings and their associated domestic paraphernalia would blur the transition between the settlement edge and adjoining countryside, resulting in harm to local landscape character, albeit not to an extent that would result in harm to the AONB. Though the dwellings would be seen in context with existing adjoining development, this in itself would not sufficiently mitigate the visual harm from expanding the domestic influence of the village outwards onto adjoining prominently positioned undeveloped land. 17. In view of the above, the proposal would be harmful to local landscape character, contrary to Policies DEV20 and DEV23 which seek to ensure development has proper regard to the pattern of local development and the wider development context and surroundings in terms of style, local distinctiveness, siting, layout and historic value etc.
Old School House, Milton Abbot, TAVISTOCK, PL19 0PP — West Devon Borough Council — Appeal Decision Whilst the Council has raised JLP Policy DEV10 in the reason for refusal, given the absence of detail of the dwellings proposed, it is difficult to ascertain how they would assimilate in terms of building design, materials and layout. 1 South Hams and West Devon Landscape Character Assessment (2018) https://www.gov.uk/planning-inspectorate 3
Old School House, Milton Abbot, TAVISTOCK, PL19 0PP — West Devon Borough Council — Appeal Decision Whilst the Council has raised JLP Policy DEV10 in the reason for refusal, given the absence of detail of the dwellings proposed, it is difficult to ascertain how they would assimilate in terms of building design, materials and layout. 1 South Hams and West Devon Landscape Character Assessment (2018) https://www.gov.uk/planning-inspectorate 3
Old School House, Milton Abbot, TAVISTOCK, PL19 0PP — West Devon Borough Council — Appeal Decision Appeal Decision APP/Q1153/W/22/3291888 Designated heritage assets, settings and significance 18. The Grade I Parish Church of St Constantine was added to the statutory list on 21 March 1967 (List Entry Number: 1326349) and is largely of 15th century origin, with some earlier 14th century elements and subject to substantial restoration in the late 19th century. Constructed of dressed ‘Hurdwick’ stone with granite dressings and a slate roof, the Church features a striking square and tiered tower and, together with its defined associated churchyard occupies a prominent position within the small rural settlement. Within the churchyard are several separately Grade II listed headstones and lychgate, with which the Church shares a group value. 19. The significance and special interest of the Church, in part, derives from its surviving historic fabric and features, and perpendicular-style architecture. Significance and special interest also comes from the Church’s long-standing and unchanged function as a place of worship since medieval times and its role and function as a visual and social landmark within the small rural settlement of Milton Abbot.
Old School House, Milton Abbot, TAVISTOCK, PL19 0PP — West Devon Borough Council — Appeal Decision This is manifest in the Church’s tower, which is a prominent feature and focal point, including on approach to the village from the east and in the quick transition into the rural landscape beyond the settlement. Thus, the green and open spaces that unfold beyond the Church and surround Milton Abbot are part of its setting, which also contributes to its significance and special interest. 20. The Grade II listed building 3 – 8 Venn Hill (List Entry Number: 1165525) (Venn Hill Cottages) is comprised of six attached estate village cottages constructed of local rubble stone with slate roofs, and forming a U-shaped arrangement on a raised site enclosed by a retaining stone wall situated to the east of the Church. The statutory list entry identifies the cottages as being part of a planned village centre designed in 1909 by Sir Edwin Lutyens for the Duke of Bedford. 21. The significance and special interest of Venn Hill Cottages is primarily derived from its architectural interest and detailing, as well as associations with a prominent architect from the Edwardian Period. Significance is also derived from the cottages being a component within the planned village centre of Milton Abbot as part of the Bedford estate.
Old School House, Milton Abbot, TAVISTOCK, PL19 0PP — West Devon Borough Council — Appeal Decision The proximity to the Church provides an obvious visual connection between the two so that both fall within the setting of the other. So too does the green and open countryside that unfolds to the rear of the Cottages form part of the listed building’s setting that also contributes to its significance and special interest. 22. The majority of the appeal site lies just beyond the southwestern boundary of the CA, the designation of which is drawn tightly around the historic core of the small settlement and includes the rear garden plots associated with Venn Hill Cottages. The significance and special interest of the CA itself is contributed to by the collection of historic and architecturally significant buildings within it, telling of its long history and built evolution over many centuries and associations with the Bedford estate. 23. The appeal site is situated on the outer eastern edge of the village on an elevated field from which both the Church tower and rear of Venn Hill Cottages can be seen. Looking towards the appeal site from the Church yard, it forms part of a green backdrop element between buildings on higher ground.
Old School House, Milton Abbot, TAVISTOCK, PL19 0PP — West Devon Borough Council — Appeal Decision The part of the site adjoining the CA provides a clear definition between the historic https://www.gov.uk/planning-inspectorate 4
Old School House, Milton Abbot, TAVISTOCK, PL19 0PP — West Devon Borough Council — Appeal Decision The part of the site adjoining the CA provides a clear definition between the historic https://www.gov.uk/planning-inspectorate 4
Old School House, Milton Abbot, TAVISTOCK, PL19 0PP — West Devon Borough Council — Appeal Decision Appeal Decision APP/Q1153/W/22/3291888 settlement and its verdant, rural surroundings. This transition is very clear on the approach road to the village from an easterly direction, from where the topography of the area affords views towards the Church tower as a prominent feature amongst the surrounding dwellings, including Venn Hill Cottages. 24. The undeveloped nature of the appeal site therefore makes a small but nonetheless positive contribution to the green undeveloped backcloth that surrounds Milton Abbot. The Appellant’s Heritage Statement notes that there has been little change over time in relation to the appeal site, which has historically formed an open undeveloped field network that encircles the settlement. Therefore, the appeal site inevitably has a role in defining the CA as a small rural settlement, which is an element of its overall significance and special interest. Likewise, the appeal site provides an undeveloped, green element in either foreground or background to the Church and Venn Hill Cottages, which demarks a clear transition between the historical settlement edge and its rural surroundings.
Old School House, Milton Abbot, TAVISTOCK, PL19 0PP — West Devon Borough Council — Appeal Decision Consequently, the appeal site forms part of the settings of the Church and Venn Hill Cottages, making a small but valuable contribution to the significance and special interest of each. 25. Whilst the submitted plans are just illustrative, they provide an indication of how the appeal site would be developed and show two dwellings fronting the B3362 and an associated parking court to the north. Whilst harm to significance does not rely on views or intervisibility, the proposed dwellings would form a background element in views from the Church yard, either between dwellings or seen in context with them. On approach to the village from the east, the proposal would compete in views towards the Church tower, undermining its prominence and interest as a focal feature. 26. The visual effects of the proposal on Venn Cottages would be more direct, given their proximity. The site would be highly visible on elevated land in views from its rear windows and gardens, extending a linear form of development that would result in a sense of enclosure and erode some sense of the nucleated form of the settlement and its surrounding rural landscape.
Old School House, Milton Abbot, TAVISTOCK, PL19 0PP — West Devon Borough Council — Appeal Decision The proposed dwellings, their gardens and any domestic paraphernalia to the rear would further erode the green and open nature of the appeal site, to the detriment of the Cottage’s rural setting. 27. More crucially, the proposal would influence an extension of built development into the open undeveloped fields that surround the settlement and are part of the settings that influence the significance of the Church, Venn Hill Cottages and the CA. Whether or not intervisibility is partly obscured or filtered by existing vegetation at certain times of the year, and notwithstanding supplementary hedgerow planting is proposed, introducing solid built form on the appeal site would undermine the contribution the appeal site makes to the settlement’s rural edge. 28. It follows that the proposed development would fail to preserve but rather cause harm to the character and appearance of the area, would fail to preserve the settings of the Grade I listed Parish Church of St Constantine, the Grade II listed building known as 3-8 Venn Hill Cottages, leading to conflict with s66(1) of the Act. There would also be harm to the significance of the CA as a designated heritage asset through development within its setting. 29.
Old School House, Milton Abbot, TAVISTOCK, PL19 0PP — West Devon Borough Council — Appeal Decision Bearing in mind the nature of the proposal in relation to their overall significance, the appeal scheme would cause less than substantial harm to the https://www.gov.uk/planning-inspectorate 5
Old School House, Milton Abbot, TAVISTOCK, PL19 0PP — West Devon Borough Council — Appeal Decision Bearing in mind the nature of the proposal in relation to their overall significance, the appeal scheme would cause less than substantial harm to the https://www.gov.uk/planning-inspectorate 5 Appeal Decision APP/Q1153/W/22/3291888 Church, Venn Hill Cottages and the CA each as designated heritage assets; which the National Planning Policy Framework (the Framework) requires be weighed against the public benefits of the proposal. 30. In this case, the public benefits would result from the creation of two dwellings close to a village that is considered suitable to receive a modest amount of growth. There would be social benefits, through increasing access to housing, and economic benefits, throughout the construction phase and beyond, with the contribution to and dependency of new residents on local services and businesses. I consider these to be public benefits that, in combination and considering the limited scale of the development, I attribute modest weight. Bearing in mind even less than substantial harm carries considerable importance and weight, the public benefits of the proposal do not outweigh the harm I have identified to each heritage asset in this case. 31.
Old School House, Milton Abbot, TAVISTOCK, PL19 0PP — West Devon Borough Council — Appeal Decision The proposed development conflicts with the historic environment policies within the Framework and would also conflict with, in particular, NP Policy 5-1 and JLP Policy DEV21, which, amongst other things, seeks to ensure development proposals sustain local character and distinctiveness by conserving and where appropriate enhancing the historic environment, designated and non-designated heritage assets and their settings and gives special regard to the desirability of preserving designated assets, their settings and any features of special architectural or historic interest which they possess. Other Matters 32. Though I note the claims by the appellant that the outcome of the appeal would have been different had it, or the appeal application, been processed in a timelier manner, this is not a matter before me for consideration as part of an application for costs or otherwise. Conclusion 33. I conclude that the proposed development would conflict with the development plan and there are no material considerations to indicate that a decision should be taken other than in accordance with the development plan. 34. For the foregoing reasons, the appeal is dismissed.
Old School House, Milton Abbot, TAVISTOCK, PL19 0PP — West Devon Borough Council — Hollie Nicholls INSPECTOR https://www.gov.uk/planning-inspectorate 6
Main issues and findings
Heritage impact Against appellant ¶18-28
The proposed development would undermine the contribution the appeal site makes to the settlement's rural edge and would cause harm to the character and appearance of the area, the settings of the Grade I listed Parish Church of St Constantine, and the Grade II listed building known as 3-8 Venn Hill Cottages.
Planning obligations For appellant
The Inspector found that the public benefits of the proposal, including increased access to housing and economic benefits, outweighed the harm caused by the development.
Living conditions For appellant ¶30-31
The Inspector considered the public benefits of the proposal and found that they were modest, but did not outweigh the harm caused by the development.
Character and appearance Against appellant ¶15-17
The proposed development would blur the transition between the settlement edge and adjoining countryside, resulting in harm to local landscape character.
Other Against appellant ¶32
The Inspector noted that the claims by the appellant regarding the timeliness of the appeal process were not relevant to the decision.
Policies relied on
| Reference | Weight |
|---|---|
| NP Policy 5-1 |
Determinative |
| JLP Policy DEV21 |
Determinative |
| JLP Policy DEV10 |
Substantial |
| NP Policy 9-4 |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 6 pages, issued by the Planning Inspectorate on 21 February 2023 under the Open Government Licence.