Case 3294458

Field View Bungalow, Tewkesbury Road, The Leigh, GL19 4AA

Tewkesbury Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
20 July 2022
Authority
Tewkesbury Borough Council
Inspector
Edwards J
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor retail and services
Appellant
Pearman Briggs
LPA reference
21/01143/FUL
ONS LPA code
E07000083
Jurisdiction
Transferred
Link status
Not Linked
Start date
11 May 2022

Summary AI

The appeal was dismissed due to the proposed development's detrimental effect on the character and appearance of the area. The development would increase the visibility of motorhomes and heighten the incongruity of the appeal property to its countryside location, conflicting with development plan policies.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Field View Bungalow, Tewkesbury Road, The Leigh, GL19 4AA — Tewkesbury Borough Council — Appeal Decision Site visit made on 5 July 2022 by Jonathan Edwards BSc(Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 20 July 2022 Appeal Ref: APP/G1630/W/22/3294458 Fieldview Bungalow, Tewkesbury Road, The Leigh, Gloucester GL19 4AA • 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 Mr A Baker (Pearman Briggs) against Tewkesbury Borough Council. • The application Ref 21/01143/FUL, is dated 7 September 2021. • The development proposed is extension to vehicle display area. Decision 1. The appeal is dismissed and planning permission for extension to vehicle display area is refused. Application for costs 2. An application for costs has been made by Mr A Baker (Pearman Briggs) against Tewkesbury Borough Council. This application is the subject of a separate Decision. Preliminary Matter 3. Since the appeal was lodged, the Council has adopted the Tewkesbury Borough Plan 2011-2031 (TBP), which now forms part of the development plan for the appeal site.

Page 1 · Chunk 1 Appeal Decision

Field View Bungalow, Tewkesbury Road, The Leigh, GL19 4AA — Tewkesbury Borough Council — Appeal Decision The Council has provided copies of the TBP policies which it considers are relevant to the appeal and the appellant has had the opportunity to submit comments. I have taken the TBP policies into account. Main Issues 4. The Council has made no decision on the application leading to this appeal. However, in light of the appeal submissions, the main issues are (i) the effect of the development on the character and appearance of the area, (ii) the effect on natural features, and (iii) its effect in terms of flooding as well as water and ground pollution. Reasons Character and appearance 5. The appeal site forms the front part of a property used for the display, sale and repair of motorhomes. It contains a grassed area with trees and shrub planting as well as a low wall with railings along the roadside boundary. The proposal would involve removing the grassed strip, trees and planting so as to extend the existing motorhome display area. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Field View Bungalow, Tewkesbury Road, The Leigh, GL19 4AA — Tewkesbury Borough Council — Appeal Decision Appeal Decision APP/G1630/W/22/3294458 6. Reference is made to the site lying in a landscape protection zone although it is unclear whether this is still the case following the adoption of the TBP. In any event, the surroundings to the appeal property have a significant rural feel due to roadside vegetation and extensive views of fields and woodland. 7. The rows of motorhomes at the appeal property are at odds with, and so undermine, the rural qualities of the locality. The trees provide a small degree of screening but due to the wide gaps and the relatively high canopies, motorhomes are clearly seen from the road to the front. To this extent, the appeal property as it stands is incompatible with its surroundings. 8. However, when away from the site frontage, vehicles on the parking area are generally unseen from the road. This is partly due to the screening effect of vegetation alongside the road but also because of the position of the motorhomes behind the grassed area and away from the front boundary. The proposal would lead to motorhomes being visible from greater distances in both directions along the road as it would allow parking further forward on the plot. 9.

Page 2 · Chunk 3 Appeal Decision

Field View Bungalow, Tewkesbury Road, The Leigh, GL19 4AA — Tewkesbury Borough Council — Appeal Decision The proposed display area would be small compared to the existing parking space. Also, hedgerow on the side boundaries of the site would be maintained to provide a degree of screening. Nonetheless, the increased visibility of motorhomes from public vantage points would heighten the incongruity of the appeal property to its countryside location. As such, the development would not respond positively to its surroundings. 10. Planning permission exists for the provision of hardstanding to provide an extended vehicular display area. The implementation of these approved works is a realistic prospect in the event that this appeal is dismissed and so it constitutes a fallback position. However, the permitted display area would be smaller than that currently proposed and it would not extend to the front wall. As such, the proposal would have a greater effect compared to that already allowed in terms of the visibility of motorhomes. Accordingly, the fallback position fails to justify the identified harm. 11. For these reasons, I conclude the development would have a detrimental effect on the character and appearance of the area.

Page 2 · Chunk 4 Appeal Decision

Field View Bungalow, Tewkesbury Road, The Leigh, GL19 4AA — Tewkesbury Borough Council — Appeal Decision In these regards, it would not accord with policies SD4 and SD6 of the Gloucester, Cheltenham and Tewkesbury Joint Core Strategy 2017 (JCS). Amongst other things, these aim to ensure development protects landscape character. Natural features 12. JCS policy INF3 seeks to conserve green infrastructure. Also, TBP policy NAT1 generally seeks to protect features of importance to environmental quality, although it permits the loss of such features in certain circumstances. The policy justification explains that TBP policy NAT1 covers trees which are considered to be of sufficient value. 13. Given its restricted size, the grass strip makes only a very small contribution towards any network of high quality green spaces. Also, the trees to be removed are small and spaced out and so are relatively unimportant when compared to the much larger trees nearby. As such, the landscape strip as a whole makes only a limited contribution towards the natural qualities of the area. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Field View Bungalow, Tewkesbury Road, The Leigh, GL19 4AA — Tewkesbury Borough Council — Appeal Decision Appeal Decision APP/G1630/W/22/3294458 14. The proposal would bring benefits to the business in terms of increasing the motorhome display area and enabling it to operate more efficiently. Such benefits would outweigh the limited harm caused through the loss of trees and green space. Therefore, I conclude the development would not have an unacceptable effect on natural features and in these regards, it would accord with JCS policy INF3 and TBP policy NAT1. Flooding, water and ground pollution 15. The Council is concerned that extra macadam hardstanding would increase surface water run-off and so cause additional flood risk. Also, there is concern surface water run-off would cause pollution associated with vehicular discharge. 16. The appellant claims the existing grassed area lies on top of an existing macadam surface and so the development would not increase the impermeable area. The Council dispute whether this is the case and without any ground investigations, there is an element of uncertainty on the matter. 17. In any event, there is no firm indication that the proposed display area would be surfaced with macadam.

Page 3 · Chunk 6 Appeal Decision

Field View Bungalow, Tewkesbury Road, The Leigh, GL19 4AA — Tewkesbury Borough Council — Appeal Decision Indeed, the appellant accepts a planning condition that would require the area to be surfaced with a permeable material and to be subject to a scheme of pollution control. Such a condition would be reasonable given the uncertainty over the existing ground conditions and it would limit surface water run-off and associated pollution. 18. Therefore, I conclude the development would not cause harm in respect of flooding or water and ground contamination. In these respects, it would accord with JCS policy INF2 and TBP policy ENV2. Amongst other matters, these seek to minimise flood risk and to protect ground water quality. Planning Balance 19. In line with the National Planning Policy Framework, JCS and TBP policies generally support the expansion of businesses. I have already found that the benefits of the development in these regards would outweigh the loss of natural features. 20. However, the harm identified in respect of the first main issue means the scheme would not accord with the development plan policies when read as a whole. Moreover, it would conflict with the aims of the Framework to ensure development adds to the overall quality of the area and is sympathetic to local character and setting.

Page 3 · Chunk 7 Appeal Decision

Field View Bungalow, Tewkesbury Road, The Leigh, GL19 4AA — Tewkesbury Borough Council — Appeal Decision On consideration of all relevant factors, I find the proposal’s benefits would not outweigh the identified harm. Therefore, insufficient justification exists to grant planning permission contrary to the development plan. Conclusion 21. For the reasons given above, I conclude the appeal should be dismissed.

Page 3 · Chunk 8 Jonathan Edwards

Field View Bungalow, Tewkesbury Road, The Leigh, GL19 4AA — Tewkesbury Borough Council — Jonathan Edwards 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
¶7

The rows of motorhomes at the appeal property are at odds with, and so undermine, the rural qualities of the locality. The trees provide a small degree of screening but due to the wide gaps and the relatively high canopies, motorhomes are clearly seen from the road to the front.

Character and appearance
Against appellant
¶9

The increased visibility of motorhomes from public vantage points would heighten the incongruity of the appeal property to its countryside location.

Other
For appellant
¶14

The proposal would bring benefits to the business in terms of increasing the motorhome display area and enabling it to operate more efficiently. Such benefits would outweigh the limited harm caused through the loss of trees and green space.

Other
For appellant
¶17

A planning condition would require the area to be surfaced with a permeable material and to be subject to a scheme of pollution control, limiting surface water run-off and associated pollution.

Policies relied on

Reference Weight
SD4, JCS
Determinative
SD6, JCS
Determinative
INF3, JCS
Moderate
INF2, JCS
Moderate
ENV2, TBP
Moderate
NAT1, TBP
Limited

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 20 July 2022 under the Open Government Licence.