Land South East of Leylen House, Red Row, Morpeth, NE61 5AQ

Land South East of Leylen House, Red Row, Morpeth, NE61 5AQ — Northumberland County Council — Appeal Decision Site visit made on 21 August 2022 by Andrew McGlone BSc MCD MRTPI an Inspector appointed by the Secretary of State Decision date: 7th September 2022 Appeal Ref: APP/P2935/W/22/3301022 Land South East of Leylen House, Red Row, Morpeth NE61 5AQ • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for planning permission • The appeal is made by Mr Timour Haghkar against Northumberland County Council. • The application Ref 21/04527/FUL, is dated 17 November 2021. • The development proposed is the construction of 3 bungalows. Decision 1. The appeal is dismissed and planning permission for the construction of 3 bungalows is refused. Preliminary Matters 2. The Council did not determine the planning application, which has resulted in this appeal being lodged by the appellant. Had the Council reached a decision on the planning application, it confirmed that it would have refused planning permission for two putative reasons. 3. A signed and dated Unilateral Undertaking (UU) securing a coastal mitigation service contribution was submitted during the appeal. Main Issue 4.

Land South East of Leylen House, Red Row, Morpeth, NE61 5AQ — Northumberland County Council — Appeal Decision The main issues in this case: whether the appeal site is a suitable location for the proposed development having regard to policies in the development plan and the National Planning Policy Framework (the Framework); and the effect of the proposed development on an area of Protected Open Space (POS). Reasons Suitable location 5. The appeal site is a rectangular shaped plot of land off Swarland Terrace which lies behind the main road through Red Row called Market Street. Access to the site would be from Swarland Terrace which is lined by two storey terraced properties. A small copse is to the north-east of the site. To the south and west of the site is agricultural land and dwellings. 6. The appeal site lies outside of, but next to the settlement boundary for Hadston/South Broomhill/Red Row which is a Service Village in the Northumberland Local Plan 2016 – 2036 (Local Plan). Settlement boundaries help to protect the countryside, prevent the merging of settlements, maintain the character and form of settlements, and protect the settings of historic and ecological assets. Boundaries for Service Villages have been defined to https://www.gov.uk/planning-inspectorate

Land South East of Leylen House, Red Row, Morpeth, NE61 5AQ — Northumberland County Council — Appeal Decision Appeal Decision APP/P2935/W/22/3301022 accommodate a level of development appropriate to their scale, role and function, allowing them to grow and thrive. 7. Given the appeal site’s location within the open countryside, Local Plan Policy STP 1 g) will support development subject to several criteria. However, none apply to this scheme. As no case is put by the appellant based on the site being an exception site, Local Plan Policy HOU 7 is not relevant in this case. 8. Local Plan Policy HOU 8 is concerned with isolated residential development in the open countryside. This policy is consistent with the provisions of Framework paragraph 80. However, the proposal would not result in isolated homes in the open countryside as the new homes would be located next to the settlement boundary which extends around the established linear pattern of development. The new homes would not be far away from other places, buildings or people. Therefore, Local Plan Policy HOU 8 and Framework paragraph 80 or their exceptions are not directly relevant in this case. 9.

Land South East of Leylen House, Red Row, Morpeth, NE61 5AQ — Northumberland County Council — Appeal Decision The proposal would not be sensitive to its surroundings as it would introduce built form beyond a mature woodland and hedgerow that forms a physical and visual barrier to the open land beyond it and the settlement boundary. They form a logical termination of the settlement. So, while the proposed dwellings may be appropriate in their design, form and scale to the development within the settlement boundary, the site itself, despite abutting the village, does not relate well to it and the linear pattern of development that characterises it. The proposed landscaping does not alter or outweigh my view on this matter as it would only reinforce the inevitable change in character and appearance that the proposal would cause to the site and by extension to the settlement. 10. Although the scheme would perform well against other parts of Local Plan Policy HOU 9 in terms of the provision of facilities to support the development, a recreational space and insofar as its design, the appeal scheme would not contribute to a sense of place that is sought by Local Plan Policy HOU 9 for the reasons explained above. 11.

Land South East of Leylen House, Red Row, Morpeth, NE61 5AQ — Northumberland County Council — Appeal Decision Consequently, the proposal would undermine the development plan’s spatial strategy for delivering sustainable development which enhances the vitality of communities across Northumberland, supports economic growth, and which conserves and enhances the County’s unique environmental assets. 12. The appellant seeks to rely on Local Plan Policy STP 1 e), but this part of the policy does not apply in this case as there are defined settlement boundaries. Local Plan Policy STP 1 d) is also not relevant to this scheme as it relates to Small Villages not Service Villages. 13. I therefore conclude that the appeal site is not a suitable location for the proposed development having regard to policies in the development plan and the Framework as the proposal would not accord with the spatial strategy for delivering sustainable development in Northumberland. On this basis, conflict would be caused with Local Plan Policies STP 1 and HOU 9 which says that development in the open countryside only being supported if it is demonstrated to meet one of several criteria. 14.

Land South East of Leylen House, Red Row, Morpeth, NE61 5AQ — Northumberland County Council — Appeal Decision For the reasons I explained earlier, Local Plan Policies HOU 7 and HOU 8 are not relevant in this case even though the Council refer to them in the first putative reason for refusing planning permission. https://www.gov.uk/planning-inspectorate 2

Land South East of Leylen House, Red Row, Morpeth, NE61 5AQ — Northumberland County Council — Appeal Decision For the reasons I explained earlier, Local Plan Policies HOU 7 and HOU 8 are not relevant in this case even though the Council refer to them in the first putative reason for refusing planning permission. https://www.gov.uk/planning-inspectorate 2

Land South East of Leylen House, Red Row, Morpeth, NE61 5AQ — Northumberland County Council — Appeal Decision Appeal Decision APP/P2935/W/22/3301022 Protected Open Space 15. Land immediately next to the appeal site’s eastern boundary is designated as POS. The designation extends up to Swarland Terrace and Market Street. 16. The proposed access would extend through the POS and split it into two. Although the proposed access would be an ancillary facility, it would not be necessary to allow the POS to function. Nor would it contribute positively to the setting and quality of the POS. 17. No assessment is before me showing that the POS is surplus to requirements. Residents explain that the POS is used for recreational purposes, to dry clothes, for people to gather and for children to play. The access would be modest in scale, but by reducing the size of the space, albeit modestly, the appeal scheme would have a detrimental impact on the POS’s function and resident’s amenity. The access would also detract from the edge of settlement character that the POS and adjoining woodland form by introducing hardstanding that would lead to the new dwellings and their associated paraphernalia behind.

Land South East of Leylen House, Red Row, Morpeth, NE61 5AQ — Northumberland County Council — Appeal Decision Whilst the dwellings themselves would not be on the POS, the access would form the link to them and would harmfully change the character of the POS. Thus, it would not be sensitive to its surroundings. 18. I have no reason to disagree that the proposal could provide net biodiversity enhancements. However, the paddock would be tucked behind the existing mature hedge and require residents to walk further to and from it. Whilst the extra distance would be modest, I consider that the location of this space would mean that residents would be less likely to use it, even if it may be equivalent or better in terms of its quantity and quality, as it would be out of sight and visually and physically separate from the POS that they currently use. 19. On this issue, I conclude that the proposed development would harm the POS and would therefore be contrary to Local Plan Policies INF 5 and STP 1 (i).

Land South East of Leylen House, Red Row, Morpeth, NE61 5AQ — Northumberland County Council — Appeal Decision Jointly, these policies do not support the loss of open spaces unless the loss resulting from the proposed development would be replaced by equivalent or better provision in terms of quantity and quality in a suitable location; the development of ancillary facilities on open space unless they meet certain criteria; or development that is not sensitive to its surroundings. Other Matters 20. The appeal site falls within the Zone of Influence for the Hadston Links and the Northumberland Shore Sites of Special Scientific Interest as well as the Northumberland Marine Special Protection Area. These are designated in part for ornithological and botanical receptor. As the proposal will result in additional residential accommodation, it is likely that increased recreational disturbance will ensue from future occupants. A class Habitat Regulations Assessment has been agreed with Natural England. The UU would secure a coastal mitigation service contribution which is necessary, of scale and kind and directly related to the development so that there will be no damage or disturbance to the interest features of these sites. On this basis the proposal would accord with Local Plan Policy ENV 2. 21.

Land South East of Leylen House, Red Row, Morpeth, NE61 5AQ — Northumberland County Council — Appeal Decision I note the revisions made by the appellant to the access, parking provision on the site and boundary treatments, and the Highway Authority’s comments on this. I consider that planning conditions could ensure that the proposal does not harm highway safety whilst securing the necessary on-site provision to https://www.gov.uk/planning-inspectorate 3

Land South East of Leylen House, Red Row, Morpeth, NE61 5AQ — Northumberland County Council — Appeal Decision I note the revisions made by the appellant to the access, parking provision on the site and boundary treatments, and the Highway Authority’s comments on this. I consider that planning conditions could ensure that the proposal does not harm highway safety whilst securing the necessary on-site provision to https://www.gov.uk/planning-inspectorate 3

Land South East of Leylen House, Red Row, Morpeth, NE61 5AQ — Northumberland County Council — Appeal Decision Appeal Decision APP/P2935/W/22/3301022 support the new homes proposed. Furthermore, conditions could be imposed to secure a net gain in biodiversity, along with appropriate mitigation during the construction period to ensure that there would be no adverse effect to ecological receptors. I also note that there are no technical constraints to developing the appeal site in terms of flood risk and utilities. However, these matters do not alter or outweigh my findings on the main issues. 22. Points are made by the main parties about the extent of communication about the outcome of the planning application. The County Council have also objected on the basis that part of the appeal site is owned by them and that there is a covenant which restricts building on the land. However, I have considered the appeal based on its planning merits alone and I note that certificate b was served when the planning application was submitted to the Council. There is also no requirement for the appellant to own the land that is subject of the planning application. Conclusion 23.

Land South East of Leylen House, Red Row, Morpeth, NE61 5AQ — Northumberland County Council — Appeal Decision The appeal site may be accessible to a range of facilities and services, be in a safe and attractive place to life and the three new dwellings would help contribute to the overall supply and mix of housing in Northumberland. The UU would also secure mitigation for the coastal mitigation service. Nevertheless, these matters do not alter or outweigh my conclusion that the proposal would not accord with the development plan as a whole and there are no other considerations, including the Framework, that indicate that I should take a different decision other than in accordance with this. 24. For the reasons given above I conclude that the appeal should be dismissed.

Land South East of Leylen House, Red Row, Morpeth, NE61 5AQ — Northumberland County Council — Andrew McGlone INSPECTOR https://www.gov.uk/planning-inspectorate 4