Case 3300235

Jodiwell Church Lane, Croxton, STAFFORD, ST21 6PG

Stafford Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
30 January 2023
Authority
Stafford Borough Council
Inspector
Watson S
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr John Slater
LPA reference
21/34793/FUL
ONS LPA code
E07000197
Jurisdiction
Transferred
Link status
Not Linked
Start date
18 August 2022

Summary AI

The appeal to replace an existing barn with a new one was dismissed due to the proposed building's impact on the rural character and appearance of the surrounding area. The inspector found that the site was not being used for agricultural purposes, and the new building would be a domesticating feature incongruous with the area.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Jodiwell Church Lane, Croxton, STAFFORD, ST21 6PG — Stafford Borough Council — Appeal Decision Site visit made on 4 January 2023 by Samuel Watson BA (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 30 January 2023 Appeal Ref: APP/Y3425/W/22/3300235 Jodiwell, Church Lane, Croxton, Stafford ST21 6PG • 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 Slater against the decision of Stafford Borough Council. • The application Ref 21/34793/FUL, dated 30 May 2021, was refused by notice dated 2 December 2021. • The development proposed is the replacement of existing two bay implement, equipment and hay barn store with a new three bay implement, equipment and hay barn store building. Decision 1. The appeal is dismissed. Main Issues 2. The main issues are: • Whether the proposal would be essential for agriculture; and, • The effect of the proposal on the character and appearance of the surrounding area. Reasons Whether Essential for Agriculture 3. The appeal site is a long and relatively narrow plot at the end of a private road, Church Lane. To the middle of the plot is a residential dwelling surrounded by a garden and parking area.

Page 1 · Chunk 1 Appeal Decision

Jodiwell Church Lane, Croxton, STAFFORD, ST21 6PG — Stafford Borough Council — Appeal Decision The remainder of the land within the plot is separated from the dwelling by a boundary fence and does not appear to be within a domestic use. At the time of my visit there were significant areas of scrub covering the land surrounding the domestic curtilage. 4. To the rear of the site is a small two-bay barn which is open to the front and in a very poor state of repair. There were also a number of vehicles within the existing barn and on the land between it and the house. In particular, these were a small excavator, two bucket loaders, a trailer, and a classic off-road vehicle. The barn also contained a small number of other materials and logs. Although these vehicles and materials may be used in association with an agricultural use, they could be used for a number of other purposes too and therefore do not demonstrate such a use on their own. 5. The appellant states within their submissions that a small number of sheep, regularly, and young calves, occasionally, graze on the site. However, it has https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Jodiwell Church Lane, Croxton, STAFFORD, ST21 6PG — Stafford Borough Council — Appeal Decision Appeal Decision APP/Y3425/W/22/3300235 not been submitted how often this is or to whom the livestock belong. Given the significant presence of scrub which has been allowed to grow on site at the time of my visit, I find that the grazing must be fairly infrequent. The appellant has also stated within their submissions that the site does not form a small-holding or farm. From the submissions before me therefore, I find it likely that the site is used for the grazing of another party’s livestock on an ad-hoc basis rather than any formal agricultural undertaking. 6. Although the appellant has referred to farming being carried out off-site, I have not been provided with any substantive evidence to demonstrate this. Moreover, without information regarding the location or use of the other land, I cannot be certain of the extent to which the proposal would reduce vehicular movements to and from the appeal site. 7. Therefore, whilst the last permitted use of this land may have been agricultural, the evidence and the appellant’s submissions before me demonstrate that there is not an agriculture operation on site.

Page 2 · Chunk 3 Appeal Decision

Jodiwell Church Lane, Croxton, STAFFORD, ST21 6PG — Stafford Borough Council — Appeal Decision Consequently, and as the appellant has stated that the appeal building would not solely be used for agricultural purposes, I do not find it would be essential for the operational needs of agriculture. 8. Given the proposal’s location and the lack of any demonstrable connection to an agricultural undertaking, it would conflict with the Council’s spatial strategy. The proposal would therefore conflict with Policies SP6, SP7 and E2 of The Plan for Stafford Borough 2011-2031 (the PSB). Collectively these policies seek to ensure, amongst other matters, that developments within the countryside are well related to farmsteads, are essential for agriculture and promote a sustainable rural economy. Character and Appearance 9. The existing barn is supported by a log frame infilled with a mixture of timber and metal cladding. At the time of my site visit, the building was listing to one side and a significant portion of the cladding was falling away. Given its poor state of repair the building does not provide a positive contribution to the wider area. However, as it is relatively small in scale and has become partially enveloped by mature vegetation, it is not an overly prominent or intrusive feature. 10.

Page 2 · Chunk 4 Appeal Decision

Jodiwell Church Lane, Croxton, STAFFORD, ST21 6PG — Stafford Borough Council — Appeal Decision In contrast, the proposed building would be significantly larger in size and bulk. Whilst it would be cut further into the slope of the hill, this would still be to only a limited degree and insufficient to reduce the overall visual bulk and size of the building. Furthermore, the overall appearance of the building, in part stemming from the use of brickwork and rooflights, would result in a building more akin to a domestic garage than a barn or agricultural storage building. Although I note the use of timber cladding, this would not be sufficient to mitigate the overall scale or domestic appearance of the building. Although the appellant has suggested that alternative materials could be required by way of a condition, this would not mitigate the increased scale of the building or its overall domestic form. 11. For the reasons outlined above, the removal of the existing barn may result in some improvement of the character and appearance of the area, however, any such benefit would be substantially outweighed by its replacement with the proposed building. Furthermore, whilst the appeal site is within a somewhat https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Jodiwell Church Lane, Croxton, STAFFORD, ST21 6PG — Stafford Borough Council — Appeal Decision Appeal Decision APP/Y3425/W/22/3300235 screened position, it is still visible from neighbouring properties and in more distant views. Given the harm identified above, I find that the proposal would affect the appreciation of the rural character and appearance of the surrounding area. 12. Given the proposed building’s scale and appearance it would result in a domesticating feature incongruous within, and harmful to, the rural character and appearance of the surrounding area. The proposal would therefore conflict with PSB Policies SP6 and E2 which, amongst other things, require that developments are appropriately designed for their purpose, and protect and respect the natural landscape and rural character of the area. Other Matters 13. Although a neighbour may have carried out works without planning permission, such a matter is beyond the scope of this appeal and does not justify this proposal. Moreover, whilst there may be no objections from various consultees, this does not preclude me from finding harm. 14. I note that the Crime Prevention Design Advisor has made comments in support of the scheme. As the barn is open fronted, I am mindful that crime may be an issue.

Page 3 · Chunk 6 Appeal Decision

Jodiwell Church Lane, Croxton, STAFFORD, ST21 6PG — Stafford Borough Council — Appeal Decision However, it has not been demonstrated that the proposal before me is necessary to minimise the risk from crime. As such, I attach this matter only limited weight. Conclusion 15. The proposal would conflict with the spatial strategy of the development plan and would harm the character and appearance of the area, conflicting with the development plan taken as a whole. There are no material considerations that indicate the decision should be made other than in accordance with the development plan. Therefore, for the reasons given above I conclude that the appeal should be dismissed.

Page 3 · Chunk 7 Samuel Watson

Jodiwell Church Lane, Croxton, STAFFORD, ST21 6PG — Stafford Borough Council — Samuel Watson INSPECTOR https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Housing land supply
Against appellant
¶7

The inspector found that there was no demonstrable connection to an agricultural undertaking, and the site was being used for the grazing of another party's livestock on an ad-hoc basis rather than any formal agricultural undertaking.

Character and appearance
Against appellant
¶10-11

The proposed building would be significantly larger in size and bulk, and its overall appearance would result in a building more akin to a domestic garage than a barn or agricultural storage building.

Policies relied on

Reference Weight
PSB Policies SP6, SP7, E2
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 30 January 2023 under the Open Government Licence.