Land Adjacent to Frith View, Ash Lane, Little London, TADLEY, RG26 5EL
Basingstoke and Deane Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 30 November 2022
- Authority
- Basingstoke and Deane Borough Council
- Inspector
- Parker R
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Prof. C Wagstaff
- LPA reference
- 21/01770/FUL
- ONS LPA code
- E07000084
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 3 August 2022
Summary AI
The appeal was dismissed due to the significant adverse impact on the character and appearance of the area, outweighing the benefits of delivering a single dwelling.
PDF text
Land Adjacent to Frith View, Ash Lane, Little London, TADLEY, RG26 5EL — Basingstoke and Deane Borough Council — Appeal Decision Site visit made on 7 November 2022 by Robert Parker BSc (Hons) Dip TP MRTPI an Inspector appointed by the Secretary of State Decision date: 30 November 2022 Appeal Ref: APP/H1705/W/22/3294866 Land east of Ash Lane adjacent to Frith View (Grid Ref Easting: 463444 Northing: 160182) • 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 Prof. C Wagstaff against Basingstoke and Deane Borough Council. • The application Ref 21/01770/FUL, is dated 19 May 2021. • The development proposed is erection of one 3no bedroom dwellinghouse. Decision 1. The appeal is dismissed and planning permission for erection of one 3no bedroom dwellinghouse is refused. Preliminary Matters 2. The above site address is taken from the application form. However, it should be noted that the site lies to the west of Ash Lane, Little London. 3. The Council did not determine the application. However, it has confirmed that had it been in a position to do so it would have refused planning permission on character and appearance grounds. Main Issues 4.
Land Adjacent to Frith View, Ash Lane, Little London, TADLEY, RG26 5EL — Basingstoke and Deane Borough Council — Appeal Decision Based on my reading of the evidence, I consider the main issues to be: a) whether the site is a suitable location for housing having regard to development plan policy for housing in the countryside; b) the effect of the proposal on the character and appearance of the area; and c) whether material considerations exist to outweigh any policy conflicts identified in respect of the above issues. Reasons Whether the site is a suitable location for housing 5. The site lies outside of any Settlement Policy Boundary (SPB) and is considered to be within the countryside for policy purposes. Policy SS1 of the Basingstoke and Deane Local Plan (2011-2029) (BDLP) directs new housing to locations within defined SPBs and sites that have been allocated within the development plan. Policy SS6 of the BDLP sets out the circumstances where new housing would be permitted in the countryside. https://www.gov.uk/planning-inspectorate
Land Adjacent to Frith View, Ash Lane, Little London, TADLEY, RG26 5EL — Basingstoke and Deane Borough Council — Appeal Decision Appeal Decision APP/H1705/W/22/3294866 6. The site is not allocated in a Neighbourhood Plan and the proposal does not relate to a rural worker dwelling, previously developed land or a rural exception scheme for affordable housing. There are no existing buildings or dwellings on the site to be replaced. The only possible criterion that could be relevant is Policy SS6 e) which relates to small scale residential proposals of a scale and type that meet a locally agreed need. However, I note that guidance issued by the Council requires applicants to demonstrate a particular local need for the scale, size and type of homes proposed within the Parish or that particular village or settlement. Although there is a Borough-wide need for housing, the appellant has not presented any evidence to suggest that there is a particular housing need at either parish or settlement level. I shall deal with the housing land supply position later in the decision, but am satisfied that the proposal cannot rely on BDLP Policies SS1 or SS6. There is conflict with these policies. Character and appearance 7. The site lies to the west of Ash Lane and was formerly part of an arable field.
Land Adjacent to Frith View, Ash Lane, Little London, TADLEY, RG26 5EL — Basingstoke and Deane Borough Council — Appeal Decision It is currently laid to grass and has been fenced off, together with another parcel of land near the junction with Frog Lane which is the subject of a separate appeal. The site is on a slope and its elevation increases its visibility from the gateway on Frog Lane and Footpath 35 where it enters the western part of the original field. There are also filtered views through the boundary hedging on Ash Lane when the trees are not in leaf, including a view from Footpath 3 as it exits onto Ash Lane from the east. The field has an open and unspoilt character and this contributes positively to the rural landscape. 8. The proposal is for a single detached 3-bed dwelling within a large 0.4ha plot. The plans also show a combined car port and bin store building and ‘toad stool barn’. The appellant contends that the impact on the character of the area would be localised. The main views of the development would be from the adjacent lanes and nearby public footpaths, which could be described as local vantage points. However, this ignores the magnitude of the landscape impact which would be significant. The present agricultural land use would be replaced by a sizeable 2-storey dwelling, ancillary outbuildings and hard surfacing.
Land Adjacent to Frith View, Ash Lane, Little London, TADLEY, RG26 5EL — Basingstoke and Deane Borough Council — Appeal Decision The existing field entrance would be tarmacked with a gravel driveway and parking area within the site itself. The remaining areas would become garden and this would attract domestic paraphernalia. Cumulatively, this development would urbanise the site and extinguish its quiet rural ambiance. 9. Ash Lane has sporadic housing along its length, and this includes a number of dwellings in the vicinity of the appeal site, including Frith View to the north and others east of Ash Lane and south of Frog Lane. However, the predominant character is that of countryside and agricultural land is an important part of this. The site falls into the North Sherborne Landscape Character Area which is characterised by its patchwork of open farmland, grassland and small woodland blocks. The site is a contributor to this pattern of rural land uses and its development would harmfully erode the distinctive landscape character. 10. I have considered the extent to which the proposed planting would mitigate the adverse landscape impacts.
Land Adjacent to Frith View, Ash Lane, Little London, TADLEY, RG26 5EL — Basingstoke and Deane Borough Council — Appeal Decision Whilst hedge planting may filter public views of the dwellings, it would not screen the development entirely or compensate for the loss of openness or change in character arising from an urban form of development of the site. https://www.gov.uk/planning-inspectorate 2
Land Adjacent to Frith View, Ash Lane, Little London, TADLEY, RG26 5EL — Basingstoke and Deane Borough Council — Appeal Decision Whilst hedge planting may filter public views of the dwellings, it would not screen the development entirely or compensate for the loss of openness or change in character arising from an urban form of development of the site. https://www.gov.uk/planning-inspectorate 2
Land Adjacent to Frith View, Ash Lane, Little London, TADLEY, RG26 5EL — Basingstoke and Deane Borough Council — Appeal Decision Appeal Decision APP/H1705/W/22/3294866 11. Policy EM1 of the BDLP states that development will be permitted only where it can be demonstrated that the proposals are sympathetic to the character and visual quality of the area. Development proposals must respect, enhance and not be detrimental to the character or visual amenity of the landscape likely to be affected. There is a clear conflict with this policy. 12. The Council has also identified BDLP Policy EM10 as being relevant. This policy sets out criteria for achieving high quality development. It is a design-based policy, one of the overriding aims of which is to ensure that proposals respect the local environment and respond to local distinctiveness and sense of place. Insofar as the proposal would harm the rural character of the site and its surroundings, there would be conflict with Policy EM10 also. Other material considerations 13. Paragraph 80 of the National Planning Policy Framework (‘the Framework’) states that decisions should avoid the development of isolated homes in the countryside. The Council does not consider the site to be isolated on the basis that there are dwellings nearby. These properties form part of a small hamlet known as Latchmere Green.
Land Adjacent to Frith View, Ash Lane, Little London, TADLEY, RG26 5EL — Basingstoke and Deane Borough Council — Appeal Decision Whilst the local planning authority does not pursue any arguments regarding accessibility to services and facilities, it has been raised by Silchester Parish Council and is a relevant material consideration when assessing the suitability of the location for new housing. 14. The closest settlements with any meaningful provision of services and facilities are Tadley, Silchester and Bramley but these are some distance away along narrow, unlit country lanes which are unattractive for walking. It would be possible to cycle but this would not be an option for everyone and consequently the occupants of the new homes would be reliant on the private car. Framework paragraph 105 recognises that opportunities to maximise sustainable transport solutions will vary between urban and rural areas. Nevertheless, the site has poor access to services and facilities and this weighs against the proposal. That the site is not isolated in terms of being physically separate from a settlement does not automatically make this a sustainable location for new housing. 15. It is contended that the proposed ‘farmhouse’ was deliberately designed to attract a large family into the village, affording them the benefits of living rurally.
Land Adjacent to Frith View, Ash Lane, Little London, TADLEY, RG26 5EL — Basingstoke and Deane Borough Council — Appeal Decision However, since there is no evidence to demonstrate that the scheme is meeting a particular local need I have given this argument limited weight. 16. The appellant points out that there are no concerns from the Council in respect of biodiversity, heritage, archaeology, highway safety and neighbour amenity. However, the absence of harm is neutral in the overall planning balance. 17. The appellant states that dwellings have been approved and erected on three other sites in Ash Lane over the last few years. I do not know the full background to those cases, neither do I have any information regarding the site-specific landscape and visual impacts, but the case before me must be considered on its own merits. 18. I have been provided with a pair of appeal decisions for sites at Blackstocks Lane, Nately Scures1. The Inspector in those cases found the landscape harm to be modest and localised and of limited weight in the planning balance. However, these conclusions relate to particular sites which are described as 1 APP/H1705/W/21/3284682 & APP/H1705/W/21/3275067 https://www.gov.uk/planning-inspectorate 3
Land Adjacent to Frith View, Ash Lane, Little London, TADLEY, RG26 5EL — Basingstoke and Deane Borough Council — Appeal Decision Appeal Decision APP/H1705/W/22/3294866 being heavily enclosed from the wider landscape by dwellings, boundary trees and hedges and woodland. The appeal before me relates to a site with a more open character and thus it is difficult to draw parallels. 19. The appellant has also supplied an officer report and decision notice relating to Manor Farm Barns, Ashmansworth (Ref 20/00061/FUL). I am not bound by the Council’s decisions for other sites, but the circumstances appear to be different in any event. The proposal was for the replacement of existing barns, not the development of open farmland. Furthermore, the site was served by public transport, albeit very infrequent. The case can therefore be differentiated from the current appeal. Planning Balance and Conclusion 20. The Council is unable to demonstrate a 5 year supply of deliverable housing sites. Paragraph 11 (d) of the Framework indicates that in such circumstances, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole. 21. The housing land supply position means that BDLP Policies SS1 and SS6 are deemed to be out-of-date.
Land Adjacent to Frith View, Ash Lane, Little London, TADLEY, RG26 5EL — Basingstoke and Deane Borough Council — Appeal Decision I have attached the conflict with these policies limited weight. There is clearly a need to release additional land for housing but such land needs to be in the right place and it must contribute to sustainable patterns of growth. 22. The proposal would increase the supply of housing and this is a material consideration of significant weight. However, the benefits of delivering a single dwelling would be very modest and they would be tempered by the site’s poor access to services and facilities. The scheme would provide employment during the construction phase and it would bring some limited benefits to the local economy through additional consumer spending. 23. Against the benefits I must balance the harms. The scheme would have a significant adverse impact on the character and appearance of the area. It would run contrary to the Council’s aims, set out within paragraph 4.70 of the BDLP, of maintaining the existing open nature of the Borough’s countryside and resisting the encroachment of development into rural areas.
Land Adjacent to Frith View, Ash Lane, Little London, TADLEY, RG26 5EL — Basingstoke and Deane Borough Council — Appeal Decision These aims are consistent with the Framework’s objective of recognising the intrinsic character and beauty of the countryside and as such I have attached the conflict with BDLP Policies EM1 and EM10 substantial weight. 24. Overall, I consider that the adverse landscape impacts would significantly and demonstrably outweigh the benefits of the scheme. Consequently, the proposal would not constitute a sustainable form of development in terms of the Framework. As such, there are no material considerations to justify a decision otherwise than in accordance with the development plan. 25. For the reasons given above and having taken account of all other matters raised, I conclude that the appeal should be dismissed.
Land Adjacent to Frith View, Ash Lane, Little London, TADLEY, RG26 5EL — Basingstoke and Deane Borough Council — Robert Parker INSPECTOR https://www.gov.uk/planning-inspectorate 4
Main issues and findings
Character and appearance Against appellant ¶7-10
The development would harmfully erode the distinctive landscape character, and the proposal would urbanise the site and extinguish its quiet rural ambiance.
Planning obligations Against appellant ¶13-14
The site has poor access to services and facilities, and the occupants of the new homes would be reliant on the private car, weighing against the proposal.
Housing land supply Neutral ¶20-21
The housing land supply position means that BDLP Policies SS1 and SS6 are deemed to be out-of-date, but this does not justify the development.
Policies relied on
| Reference | Weight |
|---|---|
| BDLP Policies SS1 and SS6 |
Out_of_date |
| BDLP Policy EM1 |
Substantial |
| BDLP Policy EM10 |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 4 pages, issued by the Planning Inspectorate on 30 November 2022 under the Open Government Licence.