Seven Acre Farm, Aylesbury Road, Buckinghamshire , Aston Clinton, HP22 5AH

Seven Acre Farm, Aylesbury Road, Buckinghamshire , Aston Clinton, HP22 5AH — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Site visit made on 15 February 2023 by Robert Fallon B.Sc. (Hons) PGDipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 4 May 2023 Appeal Ref: APP/J0405/W/22/3304555 Seven Acre Farm, Aylesbury Road, Aston Clinton, Aylesbury, Buckinghamshire, HP22 5AH • 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 G Coppola (SVG Holdings UK Ltd.) against the decision of Buckinghamshire Council. • The application Ref 22/00902/APP dated 11 March 2022, was refused by notice dated 5 May 2022. • The development proposed is described on the application form as “Extension to a commercial building at Seven Acre Farm Business Centre”. Decision 1. The appeal is dismissed. Application for costs 2. An application for costs was made by Mr G Coppola (SVG Holdings UK Ltd.) against Buckinghamshire Council. This application is the subject of a separate decision. Procedural matter 3. In response to the Council’s 3rd reason for refusal, the appellant submitted a tree survey report with the appeal that was not considered at the application stage.

Seven Acre Farm, Aylesbury Road, Buckinghamshire , Aston Clinton, HP22 5AH — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Whilst I agree with the Council that this information should have been provided in the original application submission, I am nonetheless satisfied that it had adequate time within the current appeal to determine whether this particular document addresses its technical concerns. As a consequence, it is my view that the Council would not be prejudiced by my consideration of this additional information and I have determined the appeal on this basis. Main issues 4. The main issues are: • the effect of the development on the character and appearance of the area; • whether the development is in an appropriate location. Reasons 5. The appeal site is broadly square in shape (not including the access road) and primarily consists of tarmac surfacing and rough grassland. It lies directly https://www.gov.uk/planning-inspectorate

Seven Acre Farm, Aylesbury Road, Buckinghamshire , Aston Clinton, HP22 5AH — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Appeal Decision APP/J0405/W/22/3304555 adjacent to an existing employment site to the south which contains a range of buildings that were converted from agricultural use. It also abuts an open area of grassland to the north which fronts onto Aylesbury Road. All of this land falls under the control of the appellant and is enclosed by mature hedgerows to the south, north and western boundaries. At the time of my inspection, part of the appeal site was being used for the parking of heavy goods vehicles and small lorries. 6. There is a further employment site on the eastern side of the private access road that leads to the appeal site. However, this does not fall within the red and blue lines on the submitted location plan and therefore falls outside the control of the appellant. 7. The appeal site and existing employment areas to the south and east lie outside the settlement boundary for the village of Aston Clinton and within the open countryside for planning purposes. The main built up area of Aston Clinton lies a short distance away to the east and there is a small row of residential dwellings opposite the entrance to the site on Aylesbury Road. 8.

Seven Acre Farm, Aylesbury Road, Buckinghamshire , Aston Clinton, HP22 5AH — Buckinghamshire Council - Aylesbury Area * — Appeal Decision The existing employment areas and row of residential dwellings identified above are surrounded by grass paddocks and agricultural fields. As a consequence, the area has an edge-of-settlement countryside character where built form starts to thin out. The effect of the development on the character and appearance of the area 9. The proposed commercial building would be larger and taller than each individual unit on the existing employment site to the south and be positioned much closer to, and clearly visible from, Aylesbury Road. As a consequence, it would give the area a much more urban and industrialised appearance that is out of scale and keeping with the character of; (a) the open countryside that defines its context; and (b) the adjacent former agricultural buildings which are now used for employment purposes. 10. In view of the above, I conclude that the proposed development does not respect the local context of the area and would as a consequence be harmful to its character and appearance.

Seven Acre Farm, Aylesbury Road, Buckinghamshire , Aston Clinton, HP22 5AH — Buckinghamshire Council - Aylesbury Area * — Appeal Decision The scheme would therefore conflict with Policies BE2 and NE4 of the Local Plan1 and Policies B2, B3 and HQD1 of the Neighbourhood Plan2, which collectively seek, amongst other things, to ensure that development respects and complements; - (a) the physical characteristics of the site and its surroundings; and (b) the natural qualities and features that contribute to the area’s local landscape character. 11. I also find that the scheme conflicts with Paragraphs 126 and 130 of the Framework3, which seek, amongst other things: (a) the creation of high quality places; and (b) development that is sympathetic to local character. Whether the development is in an appropriate location 12. The Council and appellant both agree that the appeal site falls outside the settlement boundary for the village and technically within the open countryside. 1 Vale of Aylesbury Local Plan (VALP) 2013-2033, Adopted Plan, September 2021, Buckinghamshire Council. 2 Aston Clinton Parish Neighbourhood Plan 2013-2033, Published by Aston Clinton Parish Council under the Neighbourhood Planning (General) Regulations 2012, and in accordance with EU Directive 2001/42. Referendum Version - May 2018. Made on 8 August 2018.

Seven Acre Farm, Aylesbury Road, Buckinghamshire , Aston Clinton, HP22 5AH — Buckinghamshire Council - Aylesbury Area * — Appeal Decision 3 National Planning Policy Framework, Ministry of Housing, Communities and Local Government, 20 July 2021. https://www.gov.uk/planning-inspectorate 2

Seven Acre Farm, Aylesbury Road, Buckinghamshire , Aston Clinton, HP22 5AH — Buckinghamshire Council - Aylesbury Area * — Appeal Decision 3 National Planning Policy Framework, Ministry of Housing, Communities and Local Government, 20 July 2021. https://www.gov.uk/planning-inspectorate 2

Seven Acre Farm, Aylesbury Road, Buckinghamshire , Aston Clinton, HP22 5AH — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Appeal Decision APP/J0405/W/22/3304555 However, it nonetheless;- (a) lies within short walking distance of the centre of Aston Clinton; (b) is in close proximity to bus stops providing transport to bigger urban centres nearby; and (c) is only a short distance away from Aylesbury and Tring which both have train stations. As a consequence, future occupants and their visitors would have reasonable opportunities to access the proposed commercial building and connect with other local services & facilities by walking, cycling and public transport. In light of this, I am satisfied that the appeal site is located in a relatively sustainable location. 13. Policy D6 of the Local Plan states that employment development will generally be supported in sustainable locations subject to a number of caveats. These include the intensification or extension of existing premises. Although the Council accepts that the proposed commercial building would connect with one of the existing employment buildings, it states that this would only be for a short distance and that it therefore constitutes a new building. 14.

Seven Acre Farm, Aylesbury Road, Buckinghamshire , Aston Clinton, HP22 5AH — Buckinghamshire Council - Aylesbury Area * — Appeal Decision However, the proposed commercial building would be utilised by two existing companies on the adjacent employment site and be physically attached to one of their buildings. It would not therefore be a detached or standalone building unrelated to the function and use of the existing employment site to the south. I am as a consequence satisfied that the scheme constitutes an intensification and extension of existing employment premises and accords with Policy D6. 15. The Council has referred to Policy B3 of the Neighbourhood Plan in their reason for refusal. However, this policy does not explicitly state that new employment buildings will not be permitted in the open countryside;- it merely states that new employment opportunities will be supported within the settlement boundary. In light of this, and despite my findings that the physical characteristics of the scheme conflict with Policy B3 insofar as it does not integrate with local character, I am nonetheless satisfied that there is no conflict with this policy in terms of the scheme’s location. 16. Policy B2 of the Neighbourhood Plan states that small scale rural employment uses will be supported on the provision that they respect local character.

Seven Acre Farm, Aylesbury Road, Buckinghamshire , Aston Clinton, HP22 5AH — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Small scale rural employment uses are not defined in the Neighbourhood Plan and neither are they explicitly restricted to agriculture and forestry or other rural land based occupations. In light of this, and by reason of its geographical location in a rural area, I am satisfied that the proposed extension of the existing employment use would constitute a small scale rural employment use. However, this does not overcome my findings that the physical characteristics of the scheme conflict with Policy B2 insofar as it does not respect local character. 17. The Council has also referred to Policy H1 of the Neighbourhood Plan in its reason for refusal. However, this document clearly states that this is a policy developed for housing and as a consequence, I do not consider it relevant to the scheme before me. 18. In light of the above, I conclude that the principle of the scheme accords with Policies D6 and S1 of the Local Plan inasmuch as I consider it to be an appropriate location for small scale rural employment uses arising from an intensification or extension of existing premises. https://www.gov.uk/planning-inspectorate 3

Seven Acre Farm, Aylesbury Road, Buckinghamshire , Aston Clinton, HP22 5AH — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Appeal Decision APP/J0405/W/22/3304555 Other matters 19. The tree survey report submitted by the appellant concludes that the scheme would not have any harmful impact on the two existing mature Oak trees and established hedgerow. In view of;- (a) the absence of new built form within their root protection areas; and (b) because this document was prepared by a suitably qualified arboriculturist, I see no reason to disagree with its findings that the trees and hedgerow will not be harmed by the development. Planning balance 20. Policies S1, D6, BE2 and NE4 of the Local Plan and Policies H1, B2, B3 and HQD1 of the Neighbourhood Plan were adopted/made less than 5 years ago and are broadly consistent with the Framework insofar as they relate to the main issues of the case. In particular, I am satisfied that they offer suitable scope for businesses to invest, adapt and expand in rural areas in accordance with Paragraphs 81, 84 and 85 of the Framework. 21. The appellant states that the Framework emphasizes the need to support economic growth. Be that as it may, it does not state that this should be at the expense of other considerations, such as environmental objectives.

Seven Acre Farm, Aylesbury Road, Buckinghamshire , Aston Clinton, HP22 5AH — Buckinghamshire Council - Aylesbury Area * — Appeal Decision I have also taken into consideration the appellant’s unsuccessful search for alternative commercial units of an appropriate size and budget in the surrounding area. However, this does not justify the harm identified above. 22. I recognise that the scheme would result in economic benefits from;- (a) enabling two existing local employers to expand at their existing site; and (b) local employment during construction. However, whilst I consider these benefits to be of moderate value when taken cumulatively, it is my view that the adverse environmental impacts of the scheme would outweigh these when assessed against the policies in the development plan and other material considerations. 23. In view of the above, I conclude that the proposal does not accord with the development plan and that other material considerations do not indicate that the proposal should be determined other than in accordance with this. Conclusion 24.

Seven Acre Farm, Aylesbury Road, Buckinghamshire , Aston Clinton, HP22 5AH — Buckinghamshire Council - Aylesbury Area * — Appeal Decision Although I have concluded that there is no harm in respect of the main issue relating to whether the scheme is in an appropriate location, I am nonetheless satisfied that the harm identified in respect of the main issue relating to character and appearance is sufficient to still justify dismissal of the appeal. 25. All representations have been taken into account, but no matters, including the benefits of the development and the scope of possible planning conditions, have been found to outweigh the identified harm and policy conflict. For the reasons above, the appeal should be dismissed.

Seven Acre Farm, Aylesbury Road, Buckinghamshire , Aston Clinton, HP22 5AH — Buckinghamshire Council - Aylesbury Area * — Robert Fallon INSPECTOR https://www.gov.uk/planning-inspectorate 4