Farfield House Great, Wetherby Road, Bramham, WETHERBY, LS23 6LH
Leeds City Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 30 May 2022
- Authority
- Leeds City Council
- Inspector
- Baxter C
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Other
- Development type
- Minor Dwellings
- Appellant
- Developments Yorkshire Ltd
- Agent
- Micklethwaite Planning Consultants Ltd
- LPA reference
- 20/08368/FU
- ONS LPA code
- E08000035
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 16 March 2022
Summary AI
The appeal is dismissed due to the proposed development's impact on the openness of the Green Belt, character and appearance of the surrounding area, and living conditions of future occupiers. The removal of permitted development rights is considered reasonable and necessary to protect the Green Belt, in line with policies N32 and N33 of the Leeds Unitary Development Plan 2006 and the National Planning Policy Framework.
PDF text
Farfield House Great, Wetherby Road, Bramham, WETHERBY, LS23 6LH — Leeds City Council — by Chris Baxter BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 30 May 2022
Farfield House Great, Wetherby Road, Bramham, WETHERBY, LS23 6LH — Leeds City Council — Farfield House, Wetherby Road, Bramham, Wetherby LS23 6RE • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a grant of planning permission subject to conditions. • The appeal is made by Mr Alec Colgan of Developments Yorkshire Ltd against the decision of Leeds City Council. • The application Ref 20/08368/FU, dated 14 December 2020, was approved on 24 February 2022 and planning permission was granted subject to conditions. • The development permitted is variation of condition 2 (approved plans) of previous application 19/03125/FU for various alterations to the approved plans for plots 1-4 including replacing pair of semi-detached dwellings with two detached dwellings (Plots 3 and 4), changes to the height, size and internal layout of the dwellings, changes to the porch design and fenestration and the construction of an additional dormer window to the front of each dwelling.
Farfield House Great, Wetherby Road, Bramham, WETHERBY, LS23 6LH — Leeds City Council — Farfield House, Wetherby Road, Bramham, Wetherby LS23 6RE • The condition in dispute is “Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, or any Order revoking or re-enacting that Order, no new extensions, roof alterations, porches, outbuildings or means of enclosure shall be erected to the development hereby approved, that would otherwise be permitted by Class A, B, C, D or E of Part 1 of Schedule 2 or Class A of Part 2 of Schedule 2 of that Order without prior planning permission”. • The reason given for the condition is “as the Local Planning Authority wish to keep control over the erection of these developments, in the interests of neighbouring amenity and visual amenity”.
Farfield House Great, Wetherby Road, Bramham, WETHERBY, LS23 6LH — Leeds City Council — the appeal on this basis. https://www.gov.uk/planning-inspectorate
Farfield House Great, Wetherby Road, Bramham, WETHERBY, LS23 6LH — Leeds City Council — the appeal on this basis. https://www.gov.uk/planning-inspectorate Appeal Decision APP/N4720/W/22/3294783 Background and Main Issues 4. The proposal seeks to remove condition 3 relating to the removal of permitted development rights from the properties. The main issues are the effect of the proposal on (i) the openness of the Green Belt; (ii) the character and appearance of the surrounding area; and (iii) the living conditions of future occupiers of the properties with regards to outlook and light. Reasons Green Belt 5. The cumulative volume of the approved development being 1380 cubic metres compared to the 1395 cubic metres of the previous buildings on the site was a contributing matter to the Council accepting development in this location which is within the Green Belt. On this basis, it is extremely likely that any further development to the approved houses would increase the volume of development beyond what was previously on site, and therefore would have a greater impact on the openness of the Green Belt. 6.
Farfield House Great, Wetherby Road, Bramham, WETHERBY, LS23 6LH — Leeds City Council — the appeal on this basis. It is not unusual for properties in Green Belt locations to be able to extend under permitted development rights and it is noted that, in particular Policies N32 and N33 of the Leeds Unitary Development Plan 2006 (LUDP) don’t specifically prescribe the removal of permitted development rights. However, the reduction in volume of development at the appeal site and the effect this has on the openness of the Green Belt was a contributing consideration for the houses being granted permission. As any further development to the houses would increase the volume of built form and therefore having an impact on the openness of the Green Belt, controlling future development is important for the protection of the Green Belt. I therefore find it is both reasonable and necessary for the permitted development rights to be removed from these properties, as it is described in condition 3. 7. I have had regard to the National Planning Policy Framework (the Framework) and the Planning Practice Guidance including the six tests for planning conditions. Condition 3 is reasonable and necessary, and also relevant to planning and to the development permitted, it is enforceable, precise and reasonable in all other respects. 8.
Farfield House Great, Wetherby Road, Bramham, WETHERBY, LS23 6LH — Leeds City Council — the appeal on this basis. The removal of condition 3 would be harmful to the openness of the Green Belt and would be contrary to Policies N32 and N33 of the LUDP and the Framework which seeks to protect the Green Belt. Character and appearance 9. The area surrounding the appeal site is characterised by residential properties situated at the settlement edge with open countryside located beyond including the A1(M) highway. The built development in the area is mixed with varied architectural designs, form and detailing. It is this varied built form and styles which contributes to the character of the area. 10. The Council explain that the dwellings have amended proportions and openings which diverge from the previously approved scheme that lead to a more unsympathetic proposal than previously approved. Nevertheless, these proposals have been granted permission. https://www.gov.uk/planning-inspectorate 2
Farfield House Great, Wetherby Road, Bramham, WETHERBY, LS23 6LH — Leeds City Council — the appeal on this basis. Appeal Decision APP/N4720/W/22/3294783 11. It is noted that a landscape buffer would not be introduced along the west boundary however, the appeal site is heavily screened from the adjacent public right of way and the A1(M) by high boundary treatment. Whilst some of the properties, mainly the roofscapes, may be visible they would not be highly prominent structures. The majority of development permitted under Schedule 2, Part 1 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO) would likely to be screened and not visible from the surrounding area. 12. Due to the various mix of housing designs and styles in the area, as well as the boundary treatment around the site, I do not consider that development permitted under the GPDO would have a harmful effect on the character and appearance of the surrounding area. Living conditions 13. The properties, being a mix of detached and semi-detached, each have substantial size rear garden areas that meet the Council’s recommended garden lengths.
Farfield House Great, Wetherby Road, Bramham, WETHERBY, LS23 6LH — Leeds City Council — the appeal on this basis. Whilst I note the existing trees and proposed tree planting, given the size and positioning of the properties and their garden areas, I am satisfied that development permitted under the GPDO would not have a harmful effect on the living conditions of future occupiers with regards to outlook and light. Other Matters 14. I have had regard to the appellants statement of cases, including reference to the previous approvals which had similar conditions and also did not refer to Green Belt matters as reasons in the decision notices. Nevertheless, the position of the Council with regards to Green Belt issues has been detailed above. It is also noted that the appellant had made attempts to contact and discuss matters with the Council. These matters do not alter my findings on the main issues. Conclusion 15. I conclude for the reasons given above, and having regard to all other matters raised, the appeal should be dismissed.
Farfield House Great, Wetherby Road, Bramham, WETHERBY, LS23 6LH — Leeds City Council — Chris Baxter INSPECTOR https://www.gov.uk/planning-inspectorate 3
Main issues and findings
Green belt Against appellant ¶5
The cumulative volume of the approved development would increase beyond what was previously on site, and therefore have a greater impact on the openness of the Green Belt.
Character and appearance Neutral ¶9-11
The varied built form and styles in the area contribute to its character, but the proposed development would not have a harmful effect due to its screening from the surrounding area.
Living conditions Neutral ¶13
The properties have substantial size rear garden areas, and the development would not have a harmful effect on the living conditions of future occupiers with regards to outlook and light.
Policies relied on
| Reference | Weight |
|---|---|
| N32 and N33 of the Leeds Unitary Development Plan 2006 and the National Planning Policy Framework |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 3 pages, issued by the Planning Inspectorate on 30 May 2022 under the Open Government Licence.