Burgham Park Golf Club, Burgham Park, Felton, NE65 9QP

Burgham Park Golf Club, Burgham Park, Felton, NE65 9QP — Northumberland County Council — Appeal Decision Site visit made on 8 November 2022 by K Williams MTCP (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 12 December 2022 Appeal Ref: APP/P2935/W/22/3303390 Burgham Park Golf Club Burgham Park, Felton, NE65 9QP • 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 David Armstrong, Burgham Park Properties Ltd against the decision of Northumberland County Council. • The application Ref 20/02026/COU, dated 1 July 2020, was refused by notice dated 23 March 2022. • The development proposed is Change of use of 8no. holiday cottages to residential dwellings. Decision 1. The appeal is dismissed. Preliminary Matters 2. The Northumberland Local Plan (NLP) was adopted on 31 March 2022. The Council has confirmed the NLP now forms the development plan, with the Thirston Neighbourhood Development Plan 2020 – 2036 (TNDP) made on 12 October 2021. The NLP supersedes the Castle Morpeth District Local Plan and policy S5 of the Northumberland County and National Park Joint Structure Plan First Alteration (February 2005). 3. The appeal site is located within the Green Belt.

Burgham Park Golf Club, Burgham Park, Felton, NE65 9QP — Northumberland County Council — Appeal Decision The proposal would result in the re-use of buildings of permanent and substantial construction. The Council considers that the appeal scheme would not represent inappropriate development in the Green Belt, and with regard to paragraph 150 d) of the National Planning Policy Framework 2021 (the Framework) I have no reason to take a different view. 4. I have been made aware of undetermined appeals relating to the wider Burgham Park Golf Club site. However, I have undertaken my assessment on the basis of the proposal and evidence before me in this appeal. Main Issue 5. The main issue is whether or not the appeal site is a suitable location for new housing with regard to the spatial strategy of the development plan. Reasons 6. The appeal site is located within the Burgham Park Golf Club, which is sited within the Green Belt. It is accessed via the golf course access road, which also serves a modest residential area of large, detached homes. The appeal site is separated from these homes and comprises a small enclave of 8 constructed https://www.gov.uk/planning-inspectorate

Burgham Park Golf Club, Burgham Park, Felton, NE65 9QP — Northumberland County Council — Appeal Decision Appeal Decision APP/P2935/W/22/3303390 holiday cottages, which formed part of a wider development. The holiday cottages are sited against the open backdrop of the golf course and surrounding landscape features and in proximity to the club house. 7. The main parties are in dispute about which policies should be applied. The Council’s Policy STP1 of the NLP seeks to manage the location of development within settlement boundaries. Whilst the appellant contends NLP Policy STP2 and the presumption in favour of sustainable development within paragraph 11 d) of the Framework are applicable, this is on the basis that there are no relevant development plan policies to assess the change from a holiday let/second home to permanent residential use. The NLP Policy STP1 does not restrict itself to or exclude certain types of development, rather it seeks to direct all development to suitable locations in the interests of sustainable development, which amongst other aspects benefit from proximity to local infrastructure, facilities and public transport. 8.

Burgham Park Golf Club, Burgham Park, Felton, NE65 9QP — Northumberland County Council — Appeal Decision Whilst the appeal site is located close to the golf clubhouse and residential properties at Burgham Park, it is not disputed that the appeal site is outside of settlement limits, defined in NLP Policy STP1 and within the open countryside. There are no footways, bus stops or key facilities in the vicinity of the development. There are few services or facilities, and the site is isolated1. The proposed development would not provide good or suitable access to local services and facilities and there would be an over reliance on private motor vehicles to access such services and facilities given the lack of access to public transport and footways. 9. Notwithstanding the direction of Policy STP1 of the NLP, Criterion g) provides several exceptions where development outside settlement boundaries could be supported. Insofar as they are relevant to this appeal, these include support for the sustainable growth and expansion of an existing business, sustainable rural tourism, or residential development which accords with Policy HOU8 of the NLP. 10. Policy HOU8 of the NLP alongside Policy 2 of the TNDP make provision for isolated homes in the countryside subject to the various exceptions within criteria a) to e).

Burgham Park Golf Club, Burgham Park, Felton, NE65 9QP — Northumberland County Council — Appeal Decision I find that Policies STP1 and HOU8 of the NLP reflect the exceptions of paragraph 80 of the Framework. The proposal does not fall within any of these exceptions and there is no evidence presented that the proposal would enhance or maintain the vitality of rural communities. 11. There have been several development proposals at the wider Burgham Park Golf Club site, aimed at securing its future. Whilst I acknowledge that the Framework seeks to build and support a competitive economy and prosperous rural economy, there is no substantive evidence or mechanism before me which would explain how the proposed development would reinvest in the golf club, and the benefits to the tourist related economy. Conversely, I find it would potentially contradict those aims with the reduction in high-quality accommodation. 1 Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610 In relation to whether the proposed development is an isolated location, I have considered the Court of appeal ruling, which states “…the word “isolated” in the phrase “isolated homes in the countryside” simply connotes a dwelling that is physically separate or remote from a settlement.

Burgham Park Golf Club, Burgham Park, Felton, NE65 9QP — Northumberland County Council — Appeal Decision Whether a proposed new dwelling is, or is not, “isolated” in this sense will be a matter of fact and planning judgment for the decision-maker in the particular circumstances of the case in hand”. https://www.gov.uk/planning-inspectorate 2

Burgham Park Golf Club, Burgham Park, Felton, NE65 9QP — Northumberland County Council — Appeal Decision Whether a proposed new dwelling is, or is not, “isolated” in this sense will be a matter of fact and planning judgment for the decision-maker in the particular circumstances of the case in hand”. https://www.gov.uk/planning-inspectorate 2

Burgham Park Golf Club, Burgham Park, Felton, NE65 9QP — Northumberland County Council — Appeal Decision Appeal Decision APP/P2935/W/22/3303390 12. I therefore conclude that the site is not in a suitable location for housing having regard to the spatial strategy of the development plan. Consequently, it would be contrary to Policies STP1, and HOU8 of the NLP and Policy 2 of the TNDP, insofar as they relate to rural housing and seek to direct development to locations where it can support and benefit from the use of existing local infrastructure and facilities. The proposal would also be contrary to the aims of the Framework where its seeks to promote sustainable development in rural areas. Other Matters 13. I have been referred to the Gravesham judgment2. However, there is no dispute that the properties don’t benefit from the necessary facilities or meet the Nationally Described Space Standards3 or requirements for day-to-day private domestic existence. Notwithstanding the above, I can draw a distinction between the requirements of a permanent home and a holiday let in terms of access to local health facilities, community facilities, schools, employment and day to day services. 14.

Burgham Park Golf Club, Burgham Park, Felton, NE65 9QP — Northumberland County Council — Appeal Decision Although there is no restriction on how long an individual may stay in the property, the condition imposed restricts the use of the 8 holiday cottages to holiday use rather than a sole place of residence. In any event, the appellant has submitted the proposal on the basis it required planning permission for a material change of use and I have considered the appeal on the same basis. Consequently, I attach limited weight to this matter. 15. My attention has also been drawn to appeals within West Devon4, although the Inspector concluded the caravan would not result in a new dwelling in the countryside, they did not consider the site to be isolated as that appeal site was located close to a sustainable village. Therefore, while in other scenarios this may have not resulted in refusal of permission, in this case the harm to the spatial strategy, which is expressed within aims of ensuring sustainable development would result in conflict with the aims of NLP Policy STP1. Therefore, this is not directly comparable to the appeal proposal which limits the weight which I can attach to it in my Decision. 16.

Burgham Park Golf Club, Burgham Park, Felton, NE65 9QP — Northumberland County Council — Appeal Decision It has been stated that the wider holiday development could not be constructed viably, which has deterred holidaymakers from using the holiday cottages and that visitor expenditure is down and furthermore likely to be affected by the ‘cost of living crisis’. However, I have not been provided with any financial evidence, nor any in relation to recent occupancy of the holiday cottages or how this relates to the ongoing viability of the wider golf club. 17. Whilst it is acknowledged that using a bicycle would be possible, I do not consider that this option would be widely used, given the busy nature of the major road. To my mind permanent dwellings would not have a beneficial impact over holiday cottages on the Green Belt or landscape character, other than it would not require additional resources for construction as they already exist.

Burgham Park Golf Club, Burgham Park, Felton, NE65 9QP — Northumberland County Council — Appeal Decision Nevertheless, it is not disputed that the effects of the development on design and visual character, living conditions, equality duty, crime and disorder 2 Gravesham Borough Council v The Secretary of State for the Environment and Michael W O’Brien (1982) 47 P&CR 142 [1983] JPL 307] 3 Technical housing standards – nationally described space standards March 2015 4 APP/Q1153/W/20/3245715 https://www.gov.uk/planning-inspectorate 3

Burgham Park Golf Club, Burgham Park, Felton, NE65 9QP — Northumberland County Council — Appeal Decision Nevertheless, it is not disputed that the effects of the development on design and visual character, living conditions, equality duty, crime and disorder 2 Gravesham Borough Council v The Secretary of State for the Environment and Michael W O’Brien (1982) 47 P&CR 142 [1983] JPL 307] 3 Technical housing standards – nationally described space standards March 2015 4 APP/Q1153/W/20/3245715 https://www.gov.uk/planning-inspectorate 3

Burgham Park Golf Club, Burgham Park, Felton, NE65 9QP — Northumberland County Council — Appeal Decision Appeal Decision APP/P2935/W/22/3303390 as well as highway safety and the highway network are acceptable. These are matters that are afforded neutral weight. 18. Policy HOU10 of the NLP does identify that whilst providing some economic benefits, the lack of permanent occupation of holiday homes is having an adverse impact on the social fabric of affected communities as a result of diminished support and demand for local facilities and schools. However, given that the site is not within an established settlement or town, this proposal would not contribute towards fulfilling the aims of this policy. I therefore attach the loss of holiday homes expressed as a benefit to social cohesion and house prices limited weight. 19. The proposal would provide a modest contribution of eight dwellings to the supply of houses and a boost to the local economy, which would be small given the scale of the scheme. However, this would be off-set by the loss of the economic benefits from the use of the buildings for tourism purposes. 20.

Burgham Park Golf Club, Burgham Park, Felton, NE65 9QP — Northumberland County Council — Appeal Decision There is also no information within the submissions indicating that the Council is currently unable to demonstrate a five-year housing land supply or that development plan policies, including the TNDP policies are out-of-date for other reasons. However, even if para 11d) of the Framework was applied, the proposed development would not provide good or suitable access to local services and facilities. I find that the harm arising from the poor suitability of the location for permanent residential development would significantly and demonstrably outweigh such benefits. 21. It is stated that pre-application advice provided by the Council supported the principle of revising the planning permission to allow for open market homes. However, there is no evidence of this before me. Whether the Council would accept a non-material amendment5 also has no bearing on my assessment of the proposal. Conclusion 22. In accordance with S38(6) of the Planning and Compensation Act 2004, development which conflicts with the development plan should be refused unless other material considerations indicate otherwise.

Burgham Park Golf Club, Burgham Park, Felton, NE65 9QP — Northumberland County Council — Appeal Decision There are no material considerations of such weight, to outweigh the harm which I have identified with regard to the main issue to lead me to the conclusion that the proposal should be determined other than in accordance with the development plan. 23. For the reasons given above I conclude that the appeal should be dismissed.

Burgham Park Golf Club, Burgham Park, Felton, NE65 9QP — Northumberland County Council — K Williams INSPECTOR 5 Section 96A of the Town and Country Planning Act 1990 https://www.gov.uk/planning-inspectorate 4