2 Hawthorne Drive, IBSTOCK, LE67 6JB
North West Leicestershire District Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 19 October 2022
- Authority
- North West Leicestershire District Council
- Inspector
- Bayliss G
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Other minor developments
- Appellant
- Mr J Watts
- LPA reference
- 21/01182/FUL
- ONS LPA code
- E07000134
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 15 June 2022
Summary AI
The appeal for a new storage barn on land in Ibstock, Leicestershire, has been dismissed due to concerns over the location, size, and purpose of the building. The proposal would harm the character and appearance of the countryside and be contrary to local and national policies. The inspector also questioned the need for a building of this size and scale, given the appellant's equestrian use and the size of the area. The proposed building would be remote from the stables and dwelling, and there was inadequate evidence to justify locating it in this position.
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2 Hawthorne Drive, IBSTOCK, LE67 6JB — North West Leicestershire District Council — Appeal Decision Site visit made on 4 October 2022 by G Bayliss BA (Hons) MA MA MRTPI IHBC an Inspector appointed by the Secretary of State Decision date: 19 October 2022 Appeal Ref: APP/G2435/W/22/3296436 2 Hawthorne Drive, Ibstock LE67 6JB • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr J Watts against the decision of North West Leicestershire District Council. • The application Ref 21/01182/FUL, dated 15 June 2021, was refused by notice dated 23 December 2021. • The development proposed is the erection of new storage barn. Decision 1. The appeal is dismissed. Main Issues 2. The main issues are: • Whether the proposal would constitute an acceptable form of development with particular regard to local and national policy in respect of the location of development. • The effect of the proposal on the character and appearance of the countryside. Reasons Location 3. The site is located to the west of 2 Hawthorne Drive and comprises a small cluster of stables, menage and a paddock which are closely associated with the dwelling. There is a paddock to the north of the appeal site and open fields to the west and south.
2 Hawthorne Drive, IBSTOCK, LE67 6JB — North West Leicestershire District Council — Appeal Decision The appeal proposal seeks the erection of a storage building in the north western corner of the site to support the equestrian use and maintenance of the land together with a small amount of domestic storage. 4. Whilst on site I noted that a secure compound was around the site of the proposed building and its access, which comprised a high green mesh fence with planted earth bund around the perimeter and a solid double gate at the end of Hawthorne Drive, alongside the front boundary wall to the house. The secure compound is solely accessible from Hawthorne Drive and at present is physically severed from the grounds of the host dwelling. 5. The site of the proposed building is located outside the limits to development. Policy S3 of the North West Leicestershire Local Plan (2021) (LP) aims to prevent inappropriate development in the countryside and permission for new https://www.gov.uk/planning-inspectorate
2 Hawthorne Drive, IBSTOCK, LE67 6JB — North West Leicestershire District Council — Appeal Decision Appeal Decision APP/G2435/W/22/3296436 development would not normally be permitted unless it would be for agriculture or forestry or other specific uses as set out in the Policy. These uses, which include recreation, should also seek, amongst other things, to safeguard and enhance the character and appearance of the landscape and ensure that built development is well integrated with existing buildings. Whilst keeping horses is a recreational use potentially appropriate in the countryside, the location, size and purpose of the proposed building would need to be justified. 6. Despite being sited close to the adjoining settlement, outside the development limits there is a policy of restraint to prevent the incremental spread of development out into the open countryside. The site of the proposed building would project out beyond the development limits with open fields on three sides. 7. Although the appellant may well look to create an opening in the compound to create easier access to the equine facilities and the house, the proposed building would still be remote from the stables, and even further from the dwelling.
2 Hawthorne Drive, IBSTOCK, LE67 6JB — North West Leicestershire District Council — Appeal Decision In particular, this would present practical difficulties in moving feed, bedding and tack between the stables and store, and visually the proposed structure would be remote from other buildings. Locating the proposal nearer to the equestrian buildings or considering an extension to them, as required by Policy S3, was raised by the Council. However, revised plans have not been forthcoming and there is inadequate evidence to explain why this would not be possible. The proposed building is therefore unnecessarily isolated, intruding out into the open countryside. 8. The proposed building would provide secure, dry storage, and accommodate a horsebox and associated vehicles, horse feed and tack, machinery for the maintenance of the land and general storage associated with the house. However, based on the scale of the equestrian use and the size of area, I am not convinced that a structure of this size, scale and height is required. It would be extremely large, and without more detail as to how the space would be used, the need is not justified.
2 Hawthorne Drive, IBSTOCK, LE67 6JB — North West Leicestershire District Council — Appeal Decision Also, whilst I recognise that household storage would only form a small part of the proposed building, I would expect this to be more suitably located close to the dwelling which is set within a relatively large plot. No suitable evidence of similar rural storage buildings for this purpose have been submitted with this appeal. 9. Due to the location, size and the proposed use of the building, the appeal proposal would constitute an unacceptable form of development with particular regard to local and national policy in respect of the location of development. It is therefore contrary to LP Policy S3 and a core planning principle of the National Planning Policy Framework 2021 (the Framework) to protect and enhance our natural and built environment. Character and appearance 10. The building would be of blockwork construction clad in timber with a grassed curved roof and feature roller-shutter doors along one side.
2 Hawthorne Drive, IBSTOCK, LE67 6JB — North West Leicestershire District Council — Appeal Decision Whilst there is some merit in the selection of the site to benefit from the screening effect of the mature hedges to its north and west elevations, and the selection of facing materials to help it blend with the surrounding rural environment, it would still be visible from the open fields to the south, from the nearby public footpath and from Hawthorne Drive. Furthermore, its substantial scale and height would make it a large, dominant development seen from a much wider area, including https://www.gov.uk/planning-inspectorate 2
2 Hawthorne Drive, IBSTOCK, LE67 6JB — North West Leicestershire District Council — Appeal Decision Whilst there is some merit in the selection of the site to benefit from the screening effect of the mature hedges to its north and west elevations, and the selection of facing materials to help it blend with the surrounding rural environment, it would still be visible from the open fields to the south, from the nearby public footpath and from Hawthorne Drive. Furthermore, its substantial scale and height would make it a large, dominant development seen from a much wider area, including https://www.gov.uk/planning-inspectorate 2
2 Hawthorne Drive, IBSTOCK, LE67 6JB — North West Leicestershire District Council — Appeal Decision Appeal Decision APP/G2435/W/22/3296436 from the A447 to the south of Ibstock, where it would appear above the hedgerow screening and despite the muted materials. The size and scale would exacerbate the harm caused in this open countryside location and it would be significantly detrimental to the character of the surrounding countryside. 11. The proposal would therefore have a harmful effect on the character and appearance of the countryside and contrary to LP Policies S3 and D1, and paragraph 174 of the Framework which states that planning decisions should recognise the intrinsic character and beauty of the countryside. Although LP Policy D1 is not stated within the Council’s decision notice it is noted in the Council’s delegated report. This requires developments to be well designed and responsive to their context. Other Matters 12. I have had regard to other concerns raised by interested parties, including the use of the site, possible damage to the road from heavy vehicles and highway safety. However, as I am dismissing the appeal on other grounds it has not been necessary to consider these matters further. 13. The Council raised no issues in relation to residential amenity, ecology, flood risk or highway safety.
2 Hawthorne Drive, IBSTOCK, LE67 6JB — North West Leicestershire District Council — Appeal Decision However, these matters do not outweigh the harm I have identified nor provide justification for development that conflicts with the development plan. Conclusion 14. For the reasons given above and having considered the development plan as a whole along with all other relevant material considerations, I conclude that the appeal is dismissed.
2 Hawthorne Drive, IBSTOCK, LE67 6JB — North West Leicestershire District Council — G Bayliss INSPECTOR https://www.gov.uk/planning-inspectorate 3
Main issues and findings
Character and appearance Against appellant ¶10
The building would be visible from the open fields to the south, from the nearby public footpath and from Hawthorne Drive. Its substantial scale and height would make it a large, dominant development seen from a much wider area, including from the A447 to the south of Ibstock, where it would appear above the hedgerow screening and despite the muted materials.
Living conditions Against appellant ¶8
The proposed building would provide secure, dry storage, and accommodate a horsebox and associated vehicles, horse feed and tack, machinery for the maintenance of the land and general storage associated with the house. However, based on the scale of the equestrian use and the size of area, I am not convinced that a structure of this size, scale and height is required.
Planning obligations Against appellant ¶9
It would be extremely large, and without more detail as to how the space would be used, the need is not justified.
Green belt Against appellant ¶7
The proposed building would project out beyond the development limits with open fields on three sides.
Housing land supply Against appellant ¶3
The site of the proposed building is located outside the limits to development.
Policies relied on
| Reference | Weight |
|---|---|
| LP Policy S3 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 4 pages, issued by the Planning Inspectorate on 19 October 2022 under the Open Government Licence.