Land on South side of Cottam Road, South Leverton, Nottinghamshire
Bassetlaw District Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 7 July 2023
- Authority
- Bassetlaw District Council
- Inspector
- Ellison H
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor general industry/storage/warehousing
- Appellant
- Mr Wilf Warnes
- LPA reference
- 21/00482/FUL
- ONS LPA code
- E07000171
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 27 June 2022
Summary AI
Planning permission granted for an agricultural storage building due to demonstrated need for storage facilities. The proposal accords with the development plan and does not raise any other significant concerns.
PDF text
Land on South side of Cottam Road, South Leverton, Nottinghamshire — Bassetlaw District Council — Appeal Decision Site visit made on 26 June 2023 by Hannah Ellison BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 07 JULY 2023 Appeal Ref: APP/A3010/W/22/3297434 Land on south side of Cottam Road, South Leverton, Nottinghamshire • 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 Wilf Warnes against the decision of Bassetlaw District Council. • The application Ref 21/00482/FUL, dated 26 March 2021, was refused by notice dated 1 November 2021. • The development proposed is an agricultural storage building. Decision 1. The appeal is allowed and planning permission is granted for an agricultural storage building at Land on south side of Cottam Road, South Leverton, Nottinghamshire in accordance with the terms of the application, Ref 21/00482/FUL, dated 26 March 2021, subject to the following conditions: 1. The development hereby permitted shall begin no later than 3 years from the date of this decision. 2. The development hereby permitted shall be carried out in accordance with the following approved plan: Proposed Floor Plan, Elevations, Block Plan & Location Plan, Drawing No.
Land on South side of Cottam Road, South Leverton, Nottinghamshire — Bassetlaw District Council — Appeal Decision UKSD-SA-08-0001, Revision No. F.00. 3. The storage building hereby approved shall not be used for the storage of plant, materials, equipment, feeds, foodstuffs or machinery intended for use or produced beyond the areas outlined in red and blue in the approved plan. Preliminary Matter 2. For the avoidance of doubt, I have removed superfluous detail from the description of development above. Main Issue 3. Whether there is an agricultural need for the proposed development. Reasons 4. The appeal site forms part of a large field located within the countryside, close to the settlement of South Leverton. The proposed storage building would be sited adjacent to an existing stable block and paddock area. Planning permission has been granted for the change of use of this adjacent building to provide holiday accommodation. 5. Policy DM3 of the Bassetlaw District Local Development Framework, Core Strategy and Development Management Policies DPD (December 2011) (the Core Strategy) requires demonstration that proposed agricultural buildings are necessary for such purposes in the location proposed and that other more suitable sites are unavailable; the scale, design and form of the proposal is https://www.gov.uk/planning-inspectorate
Land on South side of Cottam Road, South Leverton, Nottinghamshire — Bassetlaw District Council — Appeal Decision Appeal Decision APP/A3010/W/22/3297434 appropriate; and that they will not result in environmental or highway safety problems. 6. I observed that various agricultural vehicles, equipment and machinery were being stored on the site and within the adjacent building. I also note the evidence that hay produced on site has been stored within the building. The evidence also indicates that the appellant has an arrangement to store the existing machinery and vehicles in an offsite location, however that this is not suitable due to the distance between the storage site and the appeal site and the uncertainty of this informal arrangement going forward. The approved change of use of this building to holiday accommodation would also result in the loss of the internal storage space. 7. Whilst it is not clear exactly how the various pieces of machinery and vehicles are used at the appeal site or how often site maintenance is required, the appellant indicates that they are needed to keep the land functioning. This is appreciated given the large size of the appellant’s land and its agricultural potential. It therefore seems to me that there is some need for dry and secure storage facilities at this site so as to aid this operation.
Land on South side of Cottam Road, South Leverton, Nottinghamshire — Bassetlaw District Council — Appeal Decision The amount of machinery and equipment and the size of the proposed storage building are commensurate with the size of the appellant’s land. 8. The proposal would not be readily apparent or incongruous in the area given its set back positioning, the mature landscaping around it and its typical agricultural design. It would accord with the design aims set out in Part 12 of the National Planning Policy Framework. The proposal would utilise the existing access, thus there would be limited visual alteration in this regard. To ensure there is a minimal increase in vehicles using the site access, a condition would be attached which restricts the use of the storage building. The appellant is agreeable to such a condition. 9. Taking all the above into consideration, an agricultural need for the proposal has been demonstrated and the appeal site would be a suitable site. Thus, it would accord with Policy DM3 of the Core Strategy, the relevant aims and requirements of which are set out above. Other Matter 10.
Land on South side of Cottam Road, South Leverton, Nottinghamshire — Bassetlaw District Council — Appeal Decision Concerns have been raised regarding the effect of the proposal on the future amenity of people using the adjacent holiday accommodation, however, given the scale of the appeal proposal and holiday use of the building, it seems to me that any noise and disturbance would be very limited. Conditions 11. Further to the condition referred to above, in the interests of certainty I have also attached the standard time limit and plans conditions. Conclusion 12. The proposal accords with the development plan and there are no other considerations which indicate a decision should be made other than in accordance with it. Therefore, the appeal should be allowed.
Land on South side of Cottam Road, South Leverton, Nottinghamshire — Bassetlaw District Council — H Ellison INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Housing land supply For appellant ¶7
The inspector found that the appellant had demonstrated some need for dry and secure storage facilities to aid their agricultural operation.
Heritage impact For appellant ¶8
The inspector concluded that the proposal would not be readily apparent or incongruous in the area, and would accord with the design aims set out in Part 12 of the National Planning Policy Framework.
Parking For appellant ¶9
The inspector found that the proposal would utilise the existing access, thus there would be limited visual alteration in this regard, and that a condition would be attached to restrict the use of the storage building to minimize the increase in vehicles using the site access.
Flood risk Neutral ¶null
Not mentioned in the decision letter
Ecology and biodiversity Neutral ¶null
Not mentioned in the decision letter
External appearance Neutral ¶null
Not mentioned in the decision letter
Conditions Against appellant ¶3
The inspector attached conditions to the permission, including a restriction on the use of the storage building and a time limit for the commencement of the development.
Policies relied on
| Reference | Weight |
|---|---|
| DM3 |
Determinative |
| Part 12 of the National Planning Policy Framework |
Moderate |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 7 July 2023 under the Open Government Licence.