Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Hearing held on 6 October 2022 Site visit made on 6 October 2022 by F Cullen BA(Hons) MSc DipTP MRTPI IHBC an Inspector appointed by the Secretary of State Decision date: 14 February 2023 Appeal Ref: APP/J0405/W/22/3301010 Land at Notley Farm, Chearsley Road, Long Crendon HP18 9ER • 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 Ms Chrystia Reynolds, Notley Tots, against the decision of Buckinghamshire Council - North Area (Aylesbury). • The application Ref: 21/04147/APP, dated 22 October 2021, was refused by notice dated 14 December 2021. • The development proposed is demolition of existing buildings and structures and the erection of a building to provide a Forest Pre-School with use of associated land for such purposes, together with parking, fencing and ancillary works. Decision 1.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision The appeal is allowed and planning permission is granted for demolition of existing buildings and structures and the erection of a building to provide a Forest Pre-School with use of associated land for such purposes, together with parking, fencing and ancillary works, at Land at Notley Farm, Chearsley Road, Long Crendon HP18 9ER, in accordance with the terms of the application, Ref: 21/04147/APP, dated 22 October 2021, and the plans and information submitted with it, subject to the conditions set out in the schedule attached. Preliminary Matter 2. The second reason for refusal in the Council’s Decision Notice cites conflict with Policies LC7 Long Crendon Primary School and LC8 Community Facilities, of the Long Crendon Parish Neighbourhood Plan 2013-2023, made October 2017 (the LCNP). However, at the Hearing, the Council confirmed it considers that these policies are not directly relevant to the assessment of the proposal. As such, I have not taken them into account in my determination of the appeal. Main Issues 3.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision The main issues are: • Whether the site is a suitable location for the proposed development, having regard to the development strategy for the area; and, • The effect of the proposed development on the character and appearance of the site and surrounding area. https://www.gov.uk/planning-inspectorate

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision The main issues are: • Whether the site is a suitable location for the proposed development, having regard to the development strategy for the area; and, • The effect of the proposed development on the character and appearance of the site and surrounding area. https://www.gov.uk/planning-inspectorate

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Appeal Decision APP/J0405/W/22/3301010 Reasons 4. The appeal site (the site) is located within Notley Farm, which lies between the settlements of Long Crendon and Chearsley, and within the Brill–Wichendon Hills Area of Attractive Landscape (the AAL). Notley Farm is a diversified farming business that, as well as agricultural practices, also includes business and commercial units/activities. 5. The land immediately surrounding the site is mainly rural, comprising gently undulating, open, pastoral fields that are traversed by a number of public rights of way. Although, as referred to above, other mixed uses are present nearby. Also in the vicinity of the site are several designated heritage assets, including Grade I, II* and II listed buildings and a scheduled monument. 6. The site is a roughly rectangular shaped area of woodland, approximately 1.85 hectares in size, which is located to the southwest of the main group of Notley Farm buildings. It is accessed via a gravel track off the existing driveway which leads from Chearsley Road that serves Notley Farm. The track leads to a gravelled area at the north-eastern edge of the woodland.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision There is a cleared area at the centre of the woodland where a number of basic single- storey timber structures are located. These relate to a previous use of clay- pigeon shooting and benefit from a lawful development certificate1. There are tracks that pass through the woodland linking to the adjacent gravelled area and main access, as well as to other farm tracks. 7. The proposal comprises removing the existing structures and constructing a new building within the cleared area in the woodland to provide a forest pre- school educational setting for 3 to 5 year olds. At the Hearing, the Appellant explained that the forest pre-school’s aim is to foster independent, resilient, curious and happy children, through the opportunities provided by the great outdoors, and in doing so meet the standards for learning and development set out in the Statutory Framework for the early years foundation stage. 8. The forest pre-school would cater for between 30 and 50 children each day. Access would be gained via the existing route from Chearsley Road and tracks into the woodland. The existing gravelled area at the edge of the woodland would be used for car parking, capable of accommodating 24 parked vehicles at any one time.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Whether a suitable location 9. It is common ground between the parties that, for the purposes of the Vale of Aylesbury Local Plan 2013-2033, adopted September 2021 (the VALP) and the LCNP, the site is located outside of the development limits of any defined settlement and, therefore, lies within the countryside. 10. The parties disagree as to the direct pertinence of certain policies within the VALP and the LCNP in relation to the assessment of the proposal. Nonetheless, at the Hearing, it was confirmed that, in relation to the first main issue, they consider Policies S3 Settlement Hierarchy and Cohesive Development and D3 Proposals for non-allocated sites at strategic settlements, larger villages and medium villages of the VALP; and Policies LC1 Long Crendon Settlement Boundary and LC5 Key Employment Sites of the LCNP, all used in the Council’s reasons for refusal, to be relevant. 1 Lawful Development Certificate, Application Ref: 20/00359/ACL, granted March 2020. https://www.gov.uk/planning-inspectorate 2

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Appeal Decision APP/J0405/W/22/3301010 11. Policy S3 is clear in stating that ‘new development in the countryside should be avoided’, especially where the countryside’s character would be compromised as a result. Nonetheless, the Policy does allow for exceptions, including specific proposals which ‘accord with the policies in the plan to support thriving rural communities.’ 12. Community facilities such as pre-schools can undoubtedly make a valuable contribution to the social and economic life of communities, especially in rural areas. Having regard to the objectives of Policies S1 and S2 of the VALP as outlined by the Appellant in their evidence and at the Hearing, I am persuaded that a forest pre-school, which would deliver a broader choice of early years education provision and go some way to enhancing the social and economic conditions in this rural area, would positively support the thriving rural communities within the locale. Moreover, as outlined below under the second main issue, the proposal would not compromise the character of the countryside within which it is located. In these respects, the proposed development would comply with Policy S3. 13.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision The parties disagree as to the relevance of Policy D3 to the assessment of the proposal. The policy sets out that in relation to small scale development and infilling, development proposals in strategic settlements, larger villages and medium villages that are not allocated in this plan or in a made neighbourhood plan will be restricted to small scale areas of land within the built-up areas of settlements. 14. I acknowledge that Policy D3 does not state that it only relates to housing development. However, given the reference to ‘housing delivery’ in part 2 of the policy, it would not be unreasonable to conclude that its focus is on proposals for housing and, therefore, not directly relevant to the appeal proposal’s assessment. Even if I agreed with the Council on this matter, it is clear that Policy D3 concerns development proposals at or in strategic settlements, larger villages and medium villages (my emphasis), and not outside them. As stated above, the parties agree that the site lies outside the development limits of any defined settlement. On this basis, Policy D3 is not relevant to the determination of the appeal. 15.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Policy LC1 advises that proposals for development outside the boundary of Long Crendon will only be supported if they are appropriate forms of development within rural areas and they are consistent with development plan policies relating to the historic environment, heritage assets, landscape character and protecting the natural environment. 16. What represents ‘appropriate forms of development within rural areas’ is not defined within the LCNP, and while the Council cite typical examples of agricultural uses and buildings or rural worker’s accommodation, there is no closed list included within the policy or its supporting text. Bearing in mind the fundamental offer of a forest pre-school being an educational facility within a forest context, it is reasonable to conclude that to function effectively and successfully it requires an established woodland and countryside or rural location, as opposed to a more developed suburban or urban setting. 17. In these regards, I consider the proposal to be an appropriate form of development within a rural area. Furthermore, as set out under the second main issue, it would not result in any harmful effects to this sensitive natural and historic landscape.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision As such, the proposal would comply with Policy LC1. https://www.gov.uk/planning-inspectorate 3

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision As such, the proposal would comply with Policy LC1. https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/J0405/W/22/3301010 18. The Council’s first reason for refusal also cites conflict with Policy LC5 of the LCNP. This policy supports proposals that will lead to additional employment at the stated Key Employment Sites, one of which is Notley Farm. However, as the site is located outside of the Notley Farm Key Employment Site, this policy is not pertinent to the assessment of the appeal proposal. 19. I have given careful consideration to the Council’s comments concerning the proposal’s ‘unsustainable location’. Bearing in mind the site’s considerable distance from the nearest bus stop and the stated infrequency of the bus service, as well as the lack of footpaths along Chearsley Road, a main road with a 60mph speed limit, I consider that anyone travelling to and from the pre-school would, on the balance of probabilities, use a private vehicle. In this respect, the proposal would not be in line with the provisions within the National Planning Policy Framework (the Framework) which promote sustainable transport. 20. Nonetheless, I am mindful that no objection was raised by the Highways Authority on these grounds.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision I also note the Framework’s advice that planning decisions should take into account that opportunities to maximise sustainable transport solutions will vary between urban and rural areas2; and that sites to meet local business and community needs in rural areas may have to be found adjacent to or beyond existing settlements, and in locations that are not well served by public transport3. 21. All of the factors outlined above, particularly the proposal’s compliance with the relevant policies of the VALP and LCNP in terms of its location in the countryside, severely limits the weight I attach to the reduced accessibility of the site via sustainable transport modes. Moreover, I am satisfied that conditions requiring the inclusion of electric vehicle charging points and cycle parking at the site will go some way to encouraging and maximising sustainable transport solutions for staff and users of the pre-school. 22.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision In coming to my decision, I have also considered the Council’s assertion regarding the absence of any demonstrable need for additional early years provision in the Long Crendon area and the proposal’s likely negative impact on demand for existing provision in more sustainable locations, as set out in the second reason for refusal. 23. The Council’s submitted evidence confirms that Buckinghamshire Council, the local education authority for the appeal site (BC), has a statutory duty under Section 6 of the Childcare Act 2006 to carry out an assessment of the sufficiency of childcare within their area4. BC also has a statutory duty under Section 14 of the Education Act 1996 as amended, to secure sufficient early years and school places5. I also note the Council’s references to Paragraphs 85 and 95 of the Framework concerning development in rural areas and the choice of school places to ‘meet the needs’ of communities. 24. Nonetheless, it was confirmed at the Hearing that there are no policies in the VALP or the LCNP that require any applicant of a development such as the one proposed to demonstrate that there is a need for early years childcare 2 Paragraph 105, National Planning Policy Framework.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision 3 Paragraph 85, National Planning Policy Framework. 4 Buckinghamshire Council Childcare Sufficiency Assessment April 2020-March 2021. 5 Education statement prepared by Dinah Ames (Early Years Sufficiency Manager) on behalf of Buckinghamshire Council dated 5 August 2022. https://www.gov.uk/planning-inspectorate 4

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision 3 Paragraph 85, National Planning Policy Framework. 4 Buckinghamshire Council Childcare Sufficiency Assessment April 2020-March 2021. 5 Education statement prepared by Dinah Ames (Early Years Sufficiency Manager) on behalf of Buckinghamshire Council dated 5 August 2022. https://www.gov.uk/planning-inspectorate 4

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Appeal Decision APP/J0405/W/22/3301010 provision in the area. Nor are there any policies that seek to protect the interests of existing early years childcare providers. In addition, while BC states that it has a duty to consider the impact of the new places on existing good educational provision in the local area, this ‘duty’ was not clarified or confirmed at the Hearing. 25. From the information before me, the statutory duties and national guidance cited seek to ensure that there are a ‘sufficient’ number and choice of school places available. I have not been directed to any local or national policy or guidance which actively promotes a presumption against any oversupply of provision or choice. 26. Even if I considered that there was a requirement to find a need for early years childcare provision in the area, there is a significant disparity between the parties’ assessments and conclusions on this matter. Evidence has been submitted by both parties which is asserted to support their viewpoints and opposing opinions were proffered by the main parties and interested parties at the Hearing. 27.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision It is clear from the information presented and the discussion at the event that any assessment of the levels of demand and supply in terms of early years childcare provision is a complex calculation, with a number of constantly changing variables that need to be taken into account. This assessment is further complicated by the considerable variety in the types of childcare provision, making any meaningful comparison between the different providers difficult. To this extent, I cannot be certain that the evidence submitted by either party is sufficiently robust to provide an accurate insight into the general level of ‘need’ for childcare provision within the area. 28. However, the submitted evidence does highlight the limited number of forest pre-schools within the area. The proposal would clearly provide an additional education facility and a broader choice for local families in terms of private pre- school childcare provision. While this would add to the overall supply of pre- school childcare facilities, there is nothing before me which confirms that it would impact negatively on demand for existing provision.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision In any event, it is a well-founded principle that the planning system does not exist to protect private interests. 29. Accordingly, I conclude that the site is a suitable location for the proposed development, having regard to the development strategy for the area. As such, it would not conflict with Policy S3 of the VALP and Policy LC1 of the LCNP as outlined above. It would also comply with provisions within the Framework which seek to build a strong competitive economy and promote healthy and safe communities. 30. As outlined above, I consider that Policy D3 of the VALP and Policy LC5 of the LCNP are not directly relevant to the assessment of the proposal. Character and appearance of the site and surrounding area 31. The woodland site is positioned on the brow of a slope which falls gently away to the southwest and it forms a topographically prominent and locally recognised feature in the area’s landscape. The moderate spacing of the existing trees allows filtered views out from the site to the wider countryside https://www.gov.uk/planning-inspectorate 5

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Appeal Decision APP/J0405/W/22/3301010 and glimpses into the site from the surrounding land and adjacent public footpaths. 32. In relation to the surrounding area, the site is located within the AAL. The Council’s Delegated Report sets out that the AAL possesses a distinctive, coherent and intact landscape of high scenic quality. This comprises open rural hills and undulations and a strong settlement pattern of small, nucleated villages on hilltops and dispersed isolated farms. Additionally, the Aylesbury Vale Landscape Character Assessment6 places the site within Landscape Character Area (LCA) ‘9.8-Chiltern Ridge’, of Landscape Character Type (LCT) ‘9-Low Hills and Ridges’. The site also lies close to LCA ‘5.11-Thame Valley’, of LCT ‘5-Shallow Valleys’. These identified distinctive characteristics and qualities of this predominantly rural landscape were confirmed during my site visit. 33. The forest pre-school building would be of a larger footprint and greater height, scale and massing than the collective extent of the existing buildings.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision However, it would be fully contained within the existing clearing and be largely concealed by the natural screening of existing trees and hedgerows, which would be augmented by the additional planting proposed as part of the scheme. Moreover, the building’s low rise, single-storey form, minimalist design and contextually complementary natural materials of larch lap boarding exterior and cedar shingle roof tiles, would respect and comfortably harmonise with its immediate sylvan setting and sustain the identified important qualities of the surrounding landscape. 34. I note the comments made by the Council regarding the glazed bi-folding doors and the potential for any lighting within and around the building to affirm and amplify the pre-school’s presence and prominence in the landscape, particularly during the autumn and winter months when the hours of daylight and the woodland leaf cover would be reduced. However, any potential light pollution emanating from the building and the site would be restricted to the specific operating days/hours of the use.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Moreover, I am confident that the imposition of an appropriately worded condition, to control the extent and luminosity of any internal and external lighting, would adequately mitigate any potential harm and thus alleviate the Council’s concerns on this matter. 35. The proposal would result in the introduction of new elements and structures into the site, including features to allow formal and informal outdoor activities as well as a boiler house and 2m green mesh fencing to facilitate and secure the proposed use. Nonetheless, generally, these would be of a form and/or materials that would correspond to and/or assimilate with their natural context, and I am satisfied that their details can be adequately controlled by the imposition of appropriately worded conditions. Furthermore, the proposed enhancement of existing natural planting within the site with native species, along with the continued management of the woodland and natural boundary treatment, would actively lessen any potential harm, as well as positively promoting and enhancing wider habitat diversity. 36. The proposal would give rise to an increase in vehicular movements to and from the site, as well as an intensification of associated parking.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Nevertheless, given the extent and nature of the proposed use, these would not be excessive and in the majority of cases would be transitory. As such, they would not engender a profoundly urban character to the site or the landscape. 6 Aylesbury Vale Landscape Character Assessment, Jacobs, May 2008. https://www.gov.uk/planning-inspectorate 6

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Nevertheless, given the extent and nature of the proposed use, these would not be excessive and in the majority of cases would be transitory. As such, they would not engender a profoundly urban character to the site or the landscape. 6 Aylesbury Vale Landscape Character Assessment, Jacobs, May 2008. https://www.gov.uk/planning-inspectorate 6

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Appeal Decision APP/J0405/W/22/3301010 37. Overall, I am satisfied that the intrinsic rural character of the site and the surrounding area would not be detrimentally compromised by the proposal. While the forest pre-school building and associated structures/elements would be visible to a degree in some public views from the adjacent public rights of way, for the reasons given above and in conjunction with the agreed conditions, they would sympathetically conform to their sensitive context and would not appear as discordant features in the site or landscape. 38. Consequently, the proposal would not diminish the character or importance of the woodland as a local rural landscape feature. Nor would it undermine the recognised coherence, qualities and distinctiveness of the surrounding landscape. 39. Accordingly, I conclude that the proposed development would not have a harmful effect on the character and appearance of the site and surrounding area.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision As such, it would not conflict with Policies BE2 and NE4 of the VALP and Policy LC9 of the LCNP which, together and amongst other things, require development to recognise, respect and complement the characteristics, local distinctiveness and qualities of the site and surrounding landscape; and meet stated general design principles. It would also comply with the provisions within the Framework which seek to achieve well-designed places and conserve and enhance the natural environment. Other Matter 40. The site is located within the wider surroundings of a number of designated heritage assets7, including Grade I, II* and II listed buildings and a scheduled monument. Mindful of the statutory duty set out in section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act), I have had special regard to the desirability of preserving the settings of the listed buildings. I have also been mindful of the site’s proximity to a scheduled monument, a designated heritage asset of the highest significance. 41.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision The special interest and significance of these designated heritage assets largely stem from their individual archaeological, architectural and historic interests, which signify their exceptional heritage merit. Special interest and significance are also derived from their group value. The agrarian and wooded landscape that encircles the assets, including the appeal site, forms part of the surroundings in which they are experienced and contributes in a positive way to their individual and collective significance. 42. Given the proposed development’s location in relation to the listed buildings, its limited extent and contextually harmonious form and the natural screening provided by the site, I consider that it would not harm and would therefore preserve their settings. In doing so, it would sustain the positive contribution that the listed buildings’ settings make to their significance. Similarly, the setting of the scheduled monument would be maintained and the contribution it makes to the asset’s significance would be safeguarded. 43.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision As such, the proposal would comply with section 66(1) of the Act, the provisions within the Framework which seek to conserve and enhance the 7 Barn at Notley Farm (Grade II*); Garden Wall and Summer House to the North of Notley Abbey House (Grade II); Barn Adjoining SE Corner of Notley Abbey House (Grade I); Dovecote to NE of Notley Farm (Grade I); Notley Abbey House (Grade I); Enclosing Wall at Notley Abbey House (Grade I); and Notley Abbey: an Augustinian abbey and associated post-Dissolution dovecote (Scheduled Monument). https://www.gov.uk/planning-inspectorate 7

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision As such, the proposal would comply with section 66(1) of the Act, the provisions within the Framework which seek to conserve and enhance the 7 Barn at Notley Farm (Grade II*); Garden Wall and Summer House to the North of Notley Abbey House (Grade II); Barn Adjoining SE Corner of Notley Abbey House (Grade I); Dovecote to NE of Notley Farm (Grade I); Notley Abbey House (Grade I); Enclosing Wall at Notley Abbey House (Grade I); and Notley Abbey: an Augustinian abbey and associated post-Dissolution dovecote (Scheduled Monument). https://www.gov.uk/planning-inspectorate 7

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Appeal Decision APP/J0405/W/22/3301010 historic environment and Policy BE1 of the VALP which requires that all development should seek to conserve heritage assets in a manner appropriate to their significance, including their setting, and seek enhancement wherever possible. I note the Council had no concerns in this regard either. Conditions 44. The Council submitted a list of suggested conditions as part of its appeal statement if the appeal were to be allowed. These were discussed at the Hearing. The Appellant has provided written agreement to all of the pre-commencement conditions, subject to the changes discussed. 45. In addition to the standard time limit condition, a condition to ensure the development is in accordance with the approved plans and details is necessary to provide certainty. 46. In the interests of the landscape qualities and character of the area, a condition restricting the development’s days and hours of opening is necessary. To ensure the appropriate provision and retention of associated car parking and manoeuvring space, electric vehicle charging points and covered and secure cycle parking, conditions controlling the detail of these matters are necessary. 47.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision In the interests of the landscape qualities and character of the area and to minimise damage to retained trees during the implementation of the proposal, conditions concerning the detail of the protection of retained trees during building operations, any pruning of existing trees, any planting of new trees, a woodland management plan, and general landscaping are necessary. 48. To safeguard the ecological potential of the site and in the interests of improving the biodiversity of the site, conditions regarding the implementation of the Preliminary Ecological Appraisal Report and the Ecological Enhancements Report; and the preparation and implementation of a Construction Environment Management Plan and a Habitat Management Plan are necessary. 49. To ensure a satisfactory appearance to the development and safeguard the character and appearance of the site and area, conditions relating to the submission of details of the boiler house, boundary treatments and internal and external lighting are necessary. Conclusion 50. I have found that the site is a suitable location for the proposed development, having regard to the development strategy for the area.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — Appeal Decision I have also found that the proposed development would not have a harmful effect on the character and appearance of the site and surrounding area. As a consequence, the proposed development accords with the development plan. 51. There are no material considerations that indicate that the decision should be made other than in accordance with the development plan. Accordingly, for the reasons given above and subject to conditions, I conclude that the appeal should be allowed.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — F Cullen INSPECTOR https://www.gov.uk/planning-inspectorate 8

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — F Cullen INSPECTOR https://www.gov.uk/planning-inspectorate 8 Appeal Decision APP/J0405/W/22/3301010 Schedule of Conditions 1) The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 2) The use hereby permitted shall not take place except between the hours of 07:00 and 18:00 Mondays to Fridays and at no time on Saturdays, Sundays and Public and Bank Holidays. 3) The scheme for parking and manoeuvring indicated on the submitted plans shall be laid out prior to the initial occupation of the development hereby permitted and that area shall not thereafter be used for any other purpose. 4) Prior to the occupation of the development, details of electric vehicle charging points compliant with current guidance/advice shall be submitted to and approved in writing by the Local Planning Authority, and electric vehicle charging points shall be implemented in accordance with the approved details and shall thereafter be retained as approved.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — F Cullen 5) Prior to the occupation of the development, details of covered and secure cycle parking shall be submitted to and approved in writing by the Local Planning Authority, and the cycle parking shall be implemented in accordance with the approved details and shall thereafter be retained for that purpose. 6) Before any site clearance or development works commence on site, details shall be submitted to, and approved by the Local Planning Authority to demonstrate how all trees on the site, or parts of trees growing from adjoining sites, unless shown on the permitted drawings as being removed, shall be retained and protected during construction work. Such details shall follow guidelines and standards set out in BS5837:2012. The development thereafter shall be implemented in strict accordance with the approved details.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — F Cullen 7) Before any site clearance or development works commence on site, details shall be submitted to, and approved by the Local Planning Authority • of any pruning required to facilitate the proposal, in accordance with guidelines and standards set out in BS3998:2012; • of new trees, including full specifications for planting and a plan of aftercare, in accordance with guidelines and standards set out in BS8545:2014; and • A woodland management plan for the wider site. The development thereafter shall be implemented in strict accordance with the approved details. 8) Any tree or shrub which forms part of the landscaping scheme which within a period of five years from planting fails to become established, becomes seriously damaged or diseased, dies or for any reason is removed shall be replaced in the next planting season by a tree or shrub of a species, size and maturity to be approved by the Local Planning Authority.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — F Cullen 9) The development shall be implemented in accordance with the agreed conclusions and recommendations from the Preliminary Ecological Appraisal Report (Ecoconsult, 2 December 2020 and the enhancement measures for bats and birds from the Ecological Enhancements Report, (Ecoconsult 22 October https://www.gov.uk/planning-inspectorate 9

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — F Cullen 9) The development shall be implemented in accordance with the agreed conclusions and recommendations from the Preliminary Ecological Appraisal Report (Ecoconsult, 2 December 2020 and the enhancement measures for bats and birds from the Ecological Enhancements Report, (Ecoconsult 22 October https://www.gov.uk/planning-inspectorate 9

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — F Cullen Appeal Decision APP/J0405/W/22/3301010 2021). Any variation to the agreed plan shall be agreed in writing with the Local Planning Authority before such change is made. The condition will be considered discharged following; a written statement from the ecologist acting for the developer testifying to the plan having been implemented correctly. 10) Before any construction works hereby approved are commenced, a Construction Environment Management Plan (CEMP) and Habitat Management Plan (HMP) detailing, in full, measures to protect existing habitat during construction works and the formation of new habitat to secure a habitat compensation and biodiversity net gain of no less than 2.41 Habitat units and 1.35 hedgerow linear feature units, shall be submitted to and approved in writing by the Local Planning Authority. Within the CEMP/HMP document the following information shall be provided: a. Current soil conditions of any areas designated for habitat creation and detailing of what conditioning must occur to the soil prior to the commencement of habitat creation works (for example, lowering of soil pH via application of elemental sulfur); b.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — F Cullen Descriptions and mapping of all exclusion zones (both vehicular and for storage of materials) to be enforced during construction to avoid any unnecessary soil compaction on area to be utilised for habitat creation; c. Details of both species composition and abundance where planting is to occur; d. Proposed management prescriptions for all habitats for a period of no less than 30 years e. Assurances of achievability; f. Timetable of delivery for all habitats; and g. A timetable of future ecological monitoring to ensure that all habitats achieve their proposed management condition as well as description of a feed-back mechanism by which the management prescriptions can be amended should the monitoring deem it necessary. All ecological monitoring and all recommendations for the maintenance/amendment of future management shall be submitted to and approved in writing by the Local Planning Authority. The development shall be undertaken and thereafter maintained in accordance with the approved CEMP and HMP.

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — F Cullen 11) No development above damp-proof course shall take place on the boiler building hereby permitted until full elevations, including details of the materials proposed to be used on the external surfaces of the boiler building, have been submitted to and approved in writing by the Local Planning Authority. Thereafter, the boiler building shall be constructed in accordance with the approved details. 12) Prior to the first occupation of the building hereby permitted, details of all screening and boundary gate, walls, fences and any other means of enclosure shall have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and the buildings hereby approved shall not be occupied until the details have been fully implemented and thereafter retained as approved. 13) Prior to the first use of the development hereby permitted (and the installation of any lighting) details of all internal and external lighting shall be submitted to and approved in writing by the Local Planning Authority. The https://www.gov.uk/planning-inspectorate 10

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — F Cullen Appeal Decision APP/J0405/W/22/3301010 lighting shall thereafter be installed and maintained in accordance with the approved details. 14) The development hereby permitted shall only be carried out in accordance with the details contained in the planning application hereby approved and drawing numbers- 2002-P/01- Site Plan Part1; 2002-P/02- Site Plan Part2; 2002-P/03- Site Plan; and 2002-P/04- Floor Plan and Elevations, all received on 25/10/2021, and in accordance with any other conditions imposed by this planning permission. End of Schedule of Conditions https://www.gov.uk/planning-inspectorate 11

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — F Cullen Appeal Decision APP/J0405/W/22/3301010 lighting shall thereafter be installed and maintained in accordance with the approved details. 14) The development hereby permitted shall only be carried out in accordance with the details contained in the planning application hereby approved and drawing numbers- 2002-P/01- Site Plan Part1; 2002-P/02- Site Plan Part2; 2002-P/03- Site Plan; and 2002-P/04- Floor Plan and Elevations, all received on 25/10/2021, and in accordance with any other conditions imposed by this planning permission. End of Schedule of Conditions https://www.gov.uk/planning-inspectorate 11

Notley Farm, Land at - Chearsley Road, Long Crendon, HP18 9ER — Buckinghamshire Council - Aylesbury Area * — F Cullen Appeal Decision APP/J0405/W/22/3301010 APPEARANCES FOR THE APPELLANT: Ms C Reynolds Appellant, Notley Tots Mr N Reynolds Notley Farm Mr W J Barber Notley Farm Mr J Collinge Agent, JCPC Ltd Mr B Wright Aspect Landscape Planning Ltd FOR THE LOCAL PLANNING AUTHORITY: Ms B Motuel Planning Officer Mr A MacDougall Team Leader Ms C Unwin Landscape Architect Ms D Ames Early Years Sufficiency and Sustainability Manager INTERESTED PARTIES: Mr N J Brown Councillor ADDITIONAL DOCUMENTS SUBMITTED PRIOR TO THE HEARING COUNCIL: 1. Map showing the location of the designated heritage assets in relation to the appeal site, along with a copy of their list entries from the National Heritage List for England (Inspector request in Pre-Hearing Note). 2. Aylesbury Vale Landscape Character Assessment, 2008 (Inspector request in Pre-Hearing Note). 3. Representation by Greg Smith MP (Inspector request in Pre-Hearing Note). 4. Basic map showing up to date information of the location of early years provision in the area, accompanied by associated information to show the type, capacity and vacant places within that provision (Inspector request in email dated 3 October 2022). https://www.gov.uk/planning-inspectorate 12