New England Caravan Park, Capernwray Road, Carnforth, LA6 1AD

New England Caravan Park, Capernwray Road, Carnforth, LA6 1AD — Lancaster City Council — Appeal Decision Site visit made on 21 September 2022 by M Clowes BA (Hons) MCD PG CERT (Arch Con) MRTPI an Inspector appointed by the Secretary of State Decision date: 15 November 2022 Appeal Ref: APP/A2335/W/22/3297521 New England Caravan Park, Capernwray Road, Carnforth LA6 1AD • 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 John Chippendale against the decision of Lancaster City Council. • The application Ref 20/01373/FUL, dated 27 November 2020, was refused by notice dated 13 January 2022. • The development proposed is change of use of land to form 27 static caravan pitches, re-routed PROW, drainage and landscaping. Decision 1. The appeal is dismissed. Procedural Matters 2. The description of development differs from that which is on the plans before me. The siting of 27 static caravans is indicated in the description, whilst the plans show 28 caravans, including the use of 1 as warden’s accommodation. In reaching my decision, I have assessed the development as shown on the submitted plans. Main Issues 3.

New England Caravan Park, Capernwray Road, Carnforth, LA6 1AD — Lancaster City Council — Appeal Decision The main issues are i) whether the proposal would represent a suitable location for tourism development ii) the effect of the proposal on the character and appearance of the landscape, and iii) the adequacy of provisions for foul and surface water drainage. Reasons Location of Development 4. The appeal site is located within the open countryside outside of any settlement or landscape designation. It is located on land between the Leeds-Morecambe railway line and the River Keer, adjacent to the existing New England caravan site. 5. Policies DM47 and DM52 of the Local Plan for Lancaster 2011-2031; Part 2, Review of the Development Management DPD (LP Part 2) in combination, support economic development within rural areas including proposals for new, or the extension of static caravan sites. This is subject to sites being located within sustainable locations, amongst other things. Both policies require an assessment to demonstrate that no alternative suitable locations exist within local settlement areas or on previously developed sites, before greenfield https://www.gov.uk/planning-inspectorate

New England Caravan Park, Capernwray Road, Carnforth, LA6 1AD — Lancaster City Council — Appeal Decision Appeal Decision APP/A2335/W/22/3297521 locations can be considered. The use of previously developed land, and sites that are physically well-related to existing settlements, where suitable opportunities exist is also encouraged by paragraph 85 within section 6 of the National Planning Policy Framework (the Framework). Support for rural economic development is however, not unqualified, but subject to landscape and environmental considerations as discussed elsewhere within this decision. 6. The appeal site being an undeveloped field is a greenfield site. There is little substantive evidence before me to demonstrate that other sequentially preferable sites within existing settlement areas or on previously developed land have been considered, including those not found on the Council’s brownfield register. Whilst I appreciate that the appellant tried to seek advice from the Council in respect of this matter, but such advice was not forthcoming, this does not negate the need for an assessment of alternative brownfield sites in order to satisfy the requirements of Policies DM47 and DM52. 7. During my visit I did not see any other means of accessing the appeal site, other than via the private car.

New England Caravan Park, Capernwray Road, Carnforth, LA6 1AD — Lancaster City Council — Appeal Decision The site is not located within or on the edge of an existing village or settlement which would provide facilities and services for the future occupiers. The nearest being Borwick and Over Kellet I saw were some distance away, and both accessed via unlit rural roads without pavements. Furthermore, no proposals for improving access to the site by public transport or cycling have been advanced. 8. Reference is made to the site being in a sustainable location due to recent approvals of planning permission for additional caravan pitches within the vicinity of appeal site. No details of these permissions are before me such that I may make a comparison. Whilst the proposal may be located close to existing development, due to the topography, intervening railway line and landscaping, it would not appear as part and parcel of a settlement, nor the existing caravan site. 9. In the absence of any comprehensive assessment as to the availability of brownfield land or locations within a local settlement, I cannot determine that this is an appropriate and sustainable location.

New England Caravan Park, Capernwray Road, Carnforth, LA6 1AD — Lancaster City Council — Appeal Decision Consequently, the proposal would conflict with Policies DM47 and DM52 of the LP Part 2, which seek to support economic development in sustainable locations and prioritise previously developed land. It would also conflict with paragraph 85 of the Framework as detailed above. Character and Appearance 10. The proposal would be operated as part of the existing caravan site to the north-west of the appeal site. However, given that the railway line forms both a physical and visual barrier, the proposed development would largely appear as a stand-alone caravan site, with its own separate access and warden’s accommodation. Although visitors may choose to walk to the facilities within the existing New England site, they would effectively have to leave the appeal site and cross under the railway bridge to do so. 11. Whether or not the appeal site has been used for agricultural purposes, it nevertheless contributes significantly to the pleasant, green and pastoral character of the countryside. Given the steeply sloping and undulating nature of the appeal site, significant cut and fill would be required to create the https://www.gov.uk/planning-inspectorate 2

New England Caravan Park, Capernwray Road, Carnforth, LA6 1AD — Lancaster City Council — Appeal Decision Appeal Decision APP/A2335/W/22/3297521 proposed access track and level platforms on which to site the proposed caravans and associated parking areas. These would amount to extensive alterations of permanent and substantial construction. 12. Although the precise form and materials of the caravans are not known, due to their scale, number and siting in regimented positions, they would be visually intrusive, contrasting significantly with the openness and greenness of the grazing land and trees which border it. The caravans would be visible from the re-routed public footpath which would run through the length of the appeal site and from the railway line, as well as from Borron Lane and Keer Holme Lane further afield, as identified in the appellant’s Landscape and Visual Impact Assessment (LVIA) and as I saw during my visit. 13. The development of the appeal site as proposed would have a major and adverse urbanising effect on the existing field and this part of the countryside. Given that the caravans are likely to contain glazing, light pollution from internal lights during hours of darkness and inclement weather is likely to be significant, accentuating the visual prominence of the development on the landscape.

New England Caravan Park, Capernwray Road, Carnforth, LA6 1AD — Lancaster City Council — Appeal Decision The proposed landscaping and woodland planting would take a considerable amount of time to establish to make a meaningful contribution to filtering and screening views of the development, which would be in place all year round. As such, it would not mitigate the harm identified. Likewise, the lack of development on the eastern-most part of the site does not alter my findings. 14. It is clear from the Council’s officer report that in reaching their decision, a thorough consideration of the landscape impact of the proposal was made. There is no requirement for independent scrutiny of the LVIA, the lack of which does not justify development that I have found would have an adverse effect on the countryside. The support of the Ramblers Association to re-route the footpath does not alter my findings. 15. For the above reasons, I conclude that the proposed change of use of land for the siting of caravans would result in a significantly harmful effect on the character and appearance of the area. The proposal would conflict with Policies DM52 and DM46 of the LP Part 2 which amongst other things, seek to ensure that there are no adverse impacts on, and that development is in scale and keeping with landscape character.

New England Caravan Park, Capernwray Road, Carnforth, LA6 1AD — Lancaster City Council — Appeal Decision Drainage 16. The scheme proposes a new foul sewage treatment plant. Additional details regarding the plant specification, management and service regime and accompanying block plan were submitted to the Council during the determination of the application. However, the Environment Agency (EA) were not consulted on this information at the time. Through the appeal process the EA have confirmed that based on the additional information, the risks of pollution to surface water quality can be safely managed, such that they no longer object. A condition could deal with the detailed elements of the foul sewerage scheme, including the specification and proposed location of the plant and discharge point. 17. Notwithstanding the above, insufficient information has been submitted to indicate whether a surface water sustainable drainage system would be provided, a requirement of paragraphs 167c and 169 of the Framework. https://www.gov.uk/planning-inspectorate 3

New England Caravan Park, Capernwray Road, Carnforth, LA6 1AD — Lancaster City Council — Appeal Decision Appeal Decision APP/A2335/W/22/3297521 Although the appellant states that surface water would be dealt with by way of soakaways into the surrounding grassland, these are not identified on the submitted plans. The details of the percolation tests are also not before me as part of the appeal and I further note, that the Lead Local Flood Authority has maintained an objection to the proposal on the grounds of inadequate information. 18. Whilst the proposals for foul sewerage have been satisfactorily resolved, the scheme fails to make adequate provision for surface water drainage. Consequently, it fails to comply with Policy DM34 of the LP Part 2 which requires all new development to implement sustainable drainage systems. The proposal further conflicts with paragraphs 167c and 169 of the Framework. Section 15 of the Framework is not considered relevant as the concerns regarding potential water pollution from foul drainage have been adequately addressed. Other Matters 19. The proposal would increase the provision of accommodation that would contribute to the local tourist economy through increased overnight stays within the area. This benefit weighs modestly in the proposals favour.

New England Caravan Park, Capernwray Road, Carnforth, LA6 1AD — Lancaster City Council — Appeal Decision However, the application form advises that no new jobs are to be created, even if the existing business is a considerable employer. There do not appear to be particular benefits to local employment as a result. 20. Reference is made to the refusal of a previous application (reference 17/00904) which I am advised was for the same quantum of development, on the same site but with a single reason for refusal based on landscape impact. This decision was made in 2017 before the adoption of the LP Part 2 and the latest iteration of the Framework. A decision made under a previous planning policy context, does not alter the consideration of the appeal before me. Likewise, the lack of adverse impact on highways or the living conditions of neighbouring residents are neutral matters that weigh neither for, nor against, allowing the appeal. 21. The appeal site lies close to but outside a number of areas of conservation value including, the Morecambe Bay and Duddon Special Protection Area, Morecambe Bay Special Area of Conservation, Morecambe Bay Ramsar site and the Morecambe Bay Site of Special Scientific Interest.

New England Caravan Park, Capernwray Road, Carnforth, LA6 1AD — Lancaster City Council — Appeal Decision The proposal for tourist accommodation is not directly connected with or necessary for the management of the protected sites and furthermore, has the potential to increase the recreational use of these protected sites. A Habitats Regulation Assessment has not been carried out. However, in light of my findings on the main issues above, it is not necessary to look at this matter in detail, given the proposal is unacceptable for other reasons. 22. Reference is made to the proposal making net gains for biodiversity. Whilst the landscaping proposals are extensive and include native species, there is no evidence before me including calculations, that the proposed development will provide biodiversity net gain overall, taking into account the extent of the proposed engineering operations. I give this little weight. 23. The evidence before me indicates that the Council and Ramblers Association have no objection to the proposed diversion of the public footpath that runs https://www.gov.uk/planning-inspectorate 4

New England Caravan Park, Capernwray Road, Carnforth, LA6 1AD — Lancaster City Council — Appeal Decision Appeal Decision APP/A2335/W/22/3297521 through the appeal site. As I am dismissing the appeal on other substantive grounds, I have not been required to consider this matter further. 24. Concerns raised in respect of the Council’s timeliness and inaction in the handling of the case, are matters for the appellant and the Council and are not relevant to my decision. Conclusion 25. The proposal for a static caravan site would help to support the rural economy through increased stays enabling greater visitor spends locally. However, these benefits would not outweigh the adverse effects I have found would be caused in relation to the main issues. For the above reasons, having considered the development plan as a whole, the approach in the Framework and all other considerations, the appeal is dismissed.

New England Caravan Park, Capernwray Road, Carnforth, LA6 1AD — Lancaster City Council — M Clowes INSPECTOR https://www.gov.uk/planning-inspectorate 5