Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision Hearing held on 7 March 2023 Site visits made on 6 and 7 March 2023 by R Morgan BSc (Hons) MCD MRTPI an Inspector appointed by the Secretary of State Decision date: 18 April 2023 Appeal Ref: APP/C1570/W/22/3306121 Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD • 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 Amherst Homes Ltd against the decision of Uttlesford District Council. • The application Ref UTT/21/3746/FUL, dated 21 December 2021, was refused by notice dated 14 March 2022. • The development proposed is redevelopment of Mulberry Farm: demolition of redundant agricultural buildings to provide for 9 dwellings with associated gardens, private access, and landscaping. Decision 1. The appeal is dismissed. Preliminary Matters 2. The appeal site is adjacent to the Grade II listed Hobs Aerie. In accordance with 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 setting of the listed building in the determination of this appeal. 3.

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision The Council considers the Aisled Barn (shown on the submitted plans as building 4) to be a non-designated heritage asset (NDHA). The Aisled Barn does not appear on the adopted Local List for Uttlesford, but during the determination of the planning application, the Council assessed the building against the criteria used in the compilation of that List. They found that the Aisled Barn met three of the criteria, having Aesthetic, Archaeological and Group Value, so could be considered an NDHA. At the hearing, the appellant confirmed that they agreed with this conclusion. I have no reason to take a different view, and have treated the Aisled Barn as such in the determination of this appeal. 4. In 2015, prior approval was granted for the change of use of one of the existing buildings (shown as building 2 on the submitted plan), to form two dwellings. The approved change has not taken place, but the appellant has provided confirmation from Building Control that work did commence on site, and the Council has confirmed that the approval remains extant. I have therefore determined this appeal on the basis that two dwellings could already be provided at the site. https://www.gov.uk/planning-inspectorate

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision Appeal Decision APP/C1570/W/22/3306121 Main Issues 5. The main issues are: • the effect of the proposal on the setting of the Grade II listed Hobs Aerie and the Aisled Barn, • the effect of the proposal on the character and appearance of the area, and • whether the location accords with local and national policies promoting the use of sustainable transport. Reasons Heritage assets Hobs Aerie – Grade II Listed building 6. The appeal site is located in a rural area, near to the small village of Arkesden. Although no longer in agricultural use, the site is occupied by farm buildings, and previously formed the farmyard associated with the immediately adjacent dwelling, Hobs Aerie. 7. Hobs Aerie is described in the listing as an early 19th century farmhouse with 17th century timber frame and plastered rear wing. A building on Wenden Road to the north-east of Arkesden is shown on the 1777 Chapman and Andre map, labelled ‘Hobs-hary’. By the late nineteenth century, it appears that the farmhouse, by now known as Hobs Aerie, had been significantly extended at the front, with an imposing white brick addition. This element of the building still forms the principal elevation, visible from Wenden Road.

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision Today, the building appears as a grand house set in attractive grounds, sited in an elevated position above the road. 8. The long association between the appeal site and Hobs Aerie as farmyard and farmhouse are evident from historical records. The 1881 and 1897 OS maps show a collection of buildings on the appeal site, labelled as ‘farm’. An orchard is shown in the area now occupied by Mulberry House. 9. Hobs Aerie no longer functions as a farmhouse. Nonetheless, through the listed building’s intact historic fabric and its relationship with the surrounding agricultural land and former farmyard, it contributes to our understanding of the development of a successful and affluent farm in this part of Essex. As such, it has evidential and historical significance. The attractive house, set within landscaped grounds, also has aesthetic value. 10. Although not within its immediate curtilage, the appeal site is in close proximity to Hobs Aerie, and has a clear spatial relationship it. From Wenden Road, the shared access to the two sites is clearly apparent, and the internal access road to the appeal site can be seen running alongside the boundary wall of Hobs Aerie. 11.

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision The functional relationship between the farmhouse and farmyard has ceased, but the former links can still be readily appreciated from within the appeal site. Many of the buildings on the appeal site are modern, but remnants of older farm buildings remain, notably the Aisled Barn. The former layout of the farmyard site can be ascertained, with buildings laid out in an E-shape with a central courtyard. https://www.gov.uk/planning-inspectorate 2

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision The functional relationship between the farmhouse and farmyard has ceased, but the former links can still be readily appreciated from within the appeal site. Many of the buildings on the appeal site are modern, but remnants of older farm buildings remain, notably the Aisled Barn. The former layout of the farmyard site can be ascertained, with buildings laid out in an E-shape with a central courtyard. https://www.gov.uk/planning-inspectorate 2

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision Appeal Decision APP/C1570/W/22/3306121 12. The appeal site has spatial and former functional links to the listed Hobs Aerie, and forms part of its setting. By contributing to our understanding of the history and evolution of the farm and farmhouse, the appeal site adds to the significance of the listed building. Aisled Barn 13. Historic maps dating from 1880 onwards show a building in the position of the Aisled Barn, and the Council has referred to An Inventory of the Historical Monuments in North West Essex. This refers to a barn west of Hobs Aerie as being probably contemporary with it, being of five bays with one aisle and a projecting entrance. 14. The Aisled Barn is a historic building but has undergone significant change over the years. The original steeply pitched roof has largely been replaced with a monopitch roof of corrugated metal, and the footprint of the building has been altered considerably, including the infilling of the south-western corner with a brick wall. 15. As a result of these alterations, the original plan form and appearance of the Aisled Barn are not immediately obvious from the outside. Nonetheless, the significant scale of the building can still be appreciated.

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision The building is positioned centrally in the farmyard, and this contributes to our understanding of how the farm would have operated. The large wooden doors at the original entrance of the Aisled Barn help us to appreciate its relationship with both the former farmhouse and the agricultural land to the rear. 16. When viewed internally, the original form of the building, with its single aisle, bays and projecting entrance can be better understood. Although now supported by internal scaffolding, considerable amounts of historic fabric, likely dating to the 18th century, remain. This includes the main tie beams, aisle posts, and arcade plates. Remnants of the original pitched roof also remain, and the position of the midstrey can be identified. Whilst the building has been significantly altered over time, there is sufficient remaining built fabric to allow us to appreciate how the building would have originally looked. 17. It is clear that the Aisled Barn would have once been a significant structure, which would have been a major investment when originally built. This adds to our understanding of Hobs Aerie being associated with successful and affluent farm business.

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision Whilst it has lost structural integrity and has been significantly altered, the Aisled Barn contributes to the setting, and therefore significance, of the listed building. It also has significance in its own right, derived from its remaining intact historic fabric, and its functional and spatial relationship with the former farmhouse at Hobs Aerie. Effect of the proposals on heritage assets 18. The proposed development would involve the demolition of all the existing buildings on the appeal site, and their replacement with 9 houses. Whilst it would not affect the fabric of the listed building, the complete redevelopment of the appeal site for residential use would affect its setting. 19. When viewed from the surrounding lanes, it is obvious that the appeal site is (or was) in agricultural use. The proposed houses have been designed to reflect an agricultural and rural vernacular, but even so, the character of the site would completely change, from agricultural to residential. This would detract https://www.gov.uk/planning-inspectorate 3

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision Appeal Decision APP/C1570/W/22/3306121 from our appreciation of the site as the former farmyard associated with Hobs Aerie. As a result, the proposal would diminish the contribution of the appeal site to the significance of the listed building. 20. That said, changes that have taken place over the years have already affected our appreciation of the farmhouse/farmyard relationship. As may well have been the original intention, gentrification of Hobs Aerie, including the provision of a separate access, means that it resembles a grand country house, rather than a traditional farmhouse. Furthermore, when viewed from outside, the appeal site does not appear to be a historic farmyard. From the surrounding lanes, the historic built form on the appeal site is not readily visible, and the buildings that can be seen are modern and utilitarian in appearance. 21. In addition, the construction of Mulberry House on what was once the orchard, means that Hobs Aerie no longer appears to be an isolated farmhouse with a working farmyard. Rather, the appeal site now sits between two large dwellings.

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision Together, these factors mean that the former functional relationship between the appeal site and Hobs Aerie may not be immediately obvious to a casual observer, despite their close proximity. 22. The proposed residential use would involve domestic comings and goings, which would alter the character of the site. However, compared with the previous agricultural use, which is likely to have involved activity throughout the day, the proposed development would not result in an unacceptable loss of tranquillity. 23. As a result of these factors, whilst the proposed redevelopment for residential use site would affect the setting of the listed building, the harm to its significance would be less than substantial. 24. The proposal would involve the complete redevelopment of the site, including the demolition of the Aisled Barn. Some fragments of historic walls on the site would be retained, but the proposal would result in the complete and permanent loss of the NDHA. 25. The scheme makes use of the original access, but the E-shaped form of the buildings set around a courtyard, which is evident on the historic mapping and still discernible today, is not reflected in the proposed layout.

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision The Aisled Barn is likely to have been the most significant building in the farmyard, and a building designed to look like an aisled barn is included in the design. However, this is sited in a different position on the site, and the existing building 4 would be replaced by two cottage style houses with a shared garage. The failure to reflect these elements of the historic farmyard in the layout of the scheme, which are still evident today, would further diminish the setting, and therefore significance, of the listed building. 26. The condition of the Aisled Barn has deteriorated over time, and a considerable amount of original built fabric has been lost. Nonetheless, the Aisled Barn is an historic building which is functionally and spatially linked to Hobs Aerie, and contributes to its setting. It also has heritage significance in its own right, which would be lost as a result of the proposal. 27. The Aisled Barn is supported internally with scaffolding, without which the structure might fail. The building is not listed, and the appellant is under no obligation to maintain it. If no action were taken, the future of the Barn would https://www.gov.uk/planning-inspectorate 4

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision Appeal Decision APP/C1570/W/22/3306121 be uncertain, and it may well be lost anyway. As part of the proposal, a programme of recording would be undertaken, which would ensure that understanding of the building and its significance would be retained. Whilst this would provide an important record, it would not fully compensate for the total loss of the building and all of the historic fabric it contains. 28. Taking account of all the above considerations, I conclude that, overall, the proposal would cause harm to the setting of the listed building, and to the Aisled Barn as an NDHA. Consequently, the proposal would conflict with Saved Local Plan Policy ENV2, which protects listed buildings and their settings. There would also be conflict with Framework paragraph 197, which highlights the desirability of sustaining and enhancing the significance of heritage assets, and putting them to viable uses consistent with their conservation. 29. In the context of paragraph 202 of the National Planning Policy Framework (the Framework), the harm to the setting of the listed building would be less than substantial.

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision Taking account of the changes that have already taken place in and around the site, the extent of the harm would be at the lower end of the scale. Heritage Balance 30. Framework paragraph 202 requires that the harm to the significance of the listed building must be weighed against the public benefits of the proposal. In relation to the Aisled Barn as an NDHA, Framework Paragraph 203 advises that the effect of the application on its significance should be taken into account, with a balanced judgement required. 31. I have found that the proposed change from agricultural to residential use of the site would detract from the significance of the listed building. The loss of the Aisled Barn and the failure to reflect the historic site layout would cause further harm. 32. However, the site is not currently used for agricultural purposes, and following changes in ownership, is no longer associated with the surrounding farmland. Whilst this could change in future, at the present time a return to agricultural use of the site seems unlikely. There may be potential for other employment uses of the site.

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision However, negative decisions on various applications for alternative uses of the buildings have identified concerns relating to traffic and access, as well as the potential for noise, disturbance to the living conditions of neighbouring residents. Securing alternative uses of the site may therefore be problematic, but leaving it vacant in the longer term may result in deterioration of the site and buildings, which could in itself detract from the setting and significance of the listed building. 33. The proposed redevelopment of the site for residential use would bring the site back into active use, and would contribute positively to the local economy, during construction and future occupation of the houses. Furthermore, the net addition of 7 family homes would contribute to the supply of accommodation in an area with a shortfall of housing, on a small site that could be built out quickly. 34. Taken in isolation, and without consideration of location, the above factors could amount to public benefits sufficient to outweigh the less than substantial harm to the designated heritage asset. The social and economic benefits of the https://www.gov.uk/planning-inspectorate 5

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision Appeal Decision APP/C1570/W/22/3306121 proposed housing would also outweigh the loss of significance of the Aisled Barn. Character and appearance 35. Saved Local Plan Policy S7 is concerned with development in the countryside. This policy states that there will be a strict control on new building, and that planning permission will only be given for development that needs to take place there, or is appropriate to a rural area. The proposed residential use is not one of the ‘appropriate’ rural uses listed in paragraph 2.28 of the Local Plan, so the principle of the development would not comply with Saved Policy S7. 36. Policy S7 goes on to state that development will only be permitted if its appearance protects or enhances the particular character of the part of the countryside within which it is set. 37. The area surrounding the appeal site is overwhelmingly undeveloped, with agriculture the predominant land use. However, on this side of Arkesden, residential uses also form part of the local character. On either side of the appeal site are Mulberry House and Hobs Aerie, both of which are large dwellings. Houses along Wenden Road on the approach into the village of Arkesden are also visible from the appeal site. 38.

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision Although there are older buildings on the site, the buildings which are readily visible from the adjacent lanes are modern agricultural barns. Use of the site for agricultural purposes has now ceased, and its appearance is somewhat unkempt. Nonetheless, from Wenden Road and Newland End Lane, the overall impression of the site is that of a typical agricultural yard. As such, it is an entirely expected form of development in this rural area, and its slightly dilapidated appearance is not, in itself, a reason to redevelop the site. 39. The proposed redevelopment would result in an obvious change from the current agricultural character of the site. However, given the surrounding context, the proposed residential use would not necessarily appear unexpected or out of place in this location. 40. The appeal site is visually well contained, and this would help to limit the impact of the proposed change to residential use. From the area around the intersection of Newland End Lane and Wenden Road, the site is screened from view by the substantial Mulberry House, its grounds and outbuildings. Public views of the site area limited to those sections of Wenden Road and Newland End Lane which the site directly fronts onto.

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision Private views of the site will be limited to the adjacent dwellings and agricultural land. 41. The dwellings have been designed to resemble barns and rural houses, and the appearance of the buildings, and the proposed use of materials, would respond to the rural setting. The dwellings would be fairly large, but some of the existing barns are substantial buildings, and the appellant has confirmed that the new houses would be comparable in height, or only marginally higher than, the current buildings on the site. The site is already well built up, and there is no dispute that, overall, there would be a net reduction in built form on the site. 42. The proposed houses would be served by the existing access from Wenden Road, which follows the internal boundary wall of Hobs Aerie. The existing internal access road climbs gently to the rear of the site, and this straight track https://www.gov.uk/planning-inspectorate 6

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision Appeal Decision APP/C1570/W/22/3306121 is clearly visible from Wenden Road. The continued use of the original access arrangements would help to preserve the relationship with the adjacent Hobs Aerie, but the replacement of the existing grassy track with a hard surfaced access road would result in a more urban appearance to the site from Wenden Road. This would result in an erosion of the existing rural character, albeit by a limited extent. 43. The internal layout would involve the creation of spurs off the main access road, rather than being arranged around a central courtyard as would have historically been the case. Whilst the self-contained nature of the site means that the internal layout would not be particularly obvious from outside the site, an alternative arrangement, with buildings around a yard, would better reflect the rural character of the site, and the setting of the adjacent listed building. 44. The proposed houses would be in broadly similar locations to the existing buildings, but the existing 7 barns would be replaced with 9 houses. To accommodate this, the proposed linked detached houses on plots 5 and 6 would be closer to Newland End Lane than existing buildings 1 and 2.

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision Those existing modern agricultural barns are accessed from Newland End Lane but are well set back from the road. A row of conifers provides substantial screening to building 1, and building 2 is separated from Newland End Lane by a small field strip. This strip, which appears to be a remnant of a once larger field, contributes to the rural character of this part of Newland End Lane. 45. The proposed density is not excessive, and is comparable with that of other recent development close by, at Quicksie Hill. However, in order to accommodate all the houses and gardens, the field strip along Newland End Lane would be reduced in width by around a half, and the existing conifers would be removed. 46. The proposed replacement of the existing agricultural land and buildings with houses and gardens, which would be closer to the lane than the existing built form, would erode the rural character of this section of Newland End Lane. The length of lane affected would be fairly short, but nonetheless it would result in a distinct and harmful change. 47. To help assimilate the proposed development into the site, a suitable boundary treatment along the rear gardens of plots 5 and 6 could be secured through a landscaping condition.

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision However, any hedge or tree planting would take some time to become established, and would not fully compensate for the partial loss of the field strip. 48. The proposed houses on plots 1 and 2 would be clearly visible from Wenden Road, but they would be set well back from the road and would be less prominent than the existing building 7. Plots 1 and 2 would be screened by proposed boundary trees and hedges, as well as the existing trees within the roadside verge. Whilst improvements to the access road would erode the rural character of Wenden Road, the effect of the proposed houses on plots 1 and 2 on the character and appearance of the area would be acceptable. 49. Overall, I find that the proposed residential use would not necessarily appear out of character in this location. However, the proposed houses and access road would result in an erosion of rural character along Newland End Lane and, to a lesser extent, Wenden Road. The result would be a modest amount of harm to the character and appearance of the area. https://www.gov.uk/planning-inspectorate 7

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision Appeal Decision APP/C1570/W/22/3306121 50. As such, there would be conflict with Local Plan Policy S7. Owing to the loss of rural character along Newland End Lane, the proposal would also conflict with Saved Policy GEN2b). This requires that development safeguards important environmental features in its setting, enabling their retention and helping to reduce the visual impact of new buildings. Sustainable transport 51. Saved Local Plan Policy GEN1 is concerned with access. The Policy includes criterion e), which requires that development encourages movement by means other than driving a car. 52. This objective of encouraging sustainable transport is generally consistent with the Framework, which in paragraph 104 requires that opportunities to promote walking, cycling and public transport are identified and pursued within development proposals. Policy GEN1e) also reflects Framework paragraph 106, which requires that planning policies support an appropriate mix of uses across an area, to minimise the number and length of journeys needed for various uses. 53. The appeal site is outside of any settlement, and the only facilities in nearby Arkesden are a village hall and pub.

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision The nearest shop and primary school are in Clavering, so are not within easy walking distance. For most local services and facilities, future occupiers would need to travel to larger centres such as Saffron Walden, around 5 miles away. 54. Whilst some opportunities for non-car travel are available in this area, these are limited. It is too far to walk to most local services, and in any case, the narrow single track lanes, with no lighting or pavements, are not particularly welcoming for pedestrians. I saw when visiting the area that there is a reasonable amount of traffic on the roads around the appeal site, and experienced first hand the difficulties facing pedestrians when walking along the narrow lanes. 55. Cycling is an option, but there is no specific provision for cyclists and for many people, riding on the local roads will not be an attractive proposition. Whilst school buses are provided, other bus services are minimal. 56. The nearest railway station to the site is at Audley End, which provides access to regular trains to London, Stansted Airport and the wider rail network. The station, at nearby Wendens Ambo, is only around 4km away, so not far from the appeal site.

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision Nonetheless, the lack of footways and cycle provision means that in many cases, travel to the station is likely to involve a car trip. 57. Given the above, future occupiers of the appeal site are likely to drive to nearby settlements on a regular basis to access day to day services and facilities. 58. Framework paragraph 79 says that housing in rural areas should be located where it will enhance or maintain the vitality of rural communities, but there is no Local Plan support for development in or near to Arkesden, which has very limited facilities. Paragraph 79 does not provide a reason to allow development in this location, which is remote from local village services. 59. The Transport Statement submitted as part of the application has calculated that the proposed development would result in a 7.3% increase in daily traffic https://www.gov.uk/planning-inspectorate 8

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision Appeal Decision APP/C1570/W/22/3306121 movements along Wenden Road (around 47 additional vehicles per day). In traffic generation terms, this is not considered to be a significant increase, and there is no suggestion that the local roads cannot accommodate the anticipated vehicle numbers. The Highway Authority has raised no objection, but concerns regarding road safety have been raised by Arkesden Parish Council and other interested parties. 60. Accident data suggests that there have been few incidents in the local area, but increasing vehicle numbers is likely to reduce the attractiveness of the lanes for walking and cycling, as safety fears grow. I heard at the hearing that the roads around the appeal site, in particular Newland End Lane, are used for recreational purposes. The narrow width of the lanes and lack of footways means that for pedestrians, there is no option but to walk in the road. For existing and future residents of the area, reducing the attractiveness of alternative trip options is likely to reinforce the extent to which local journeys, including for leisure purposes, are dominated by car. 61.

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision The appeal scheme does not constitute significant development, so the specific requirement to focus on sustainable locations, contained in Framework paragraph 105, does not apply. Furthermore, Paragraph 105 also recognises that opportunities to maximise sustainable transport solutions will vary between urban and rural areas. Nonetheless, given the nature of the surrounding road network, the proposed 7.3% increase in traffic would not give priority to pedestrian and cycle movements, and would increase, rather than minimise, the scope for conflict between pedestrians, cyclists and vehicles. As such, the proposal would not reflect the aims of Framework paragraph 112. 62. I acknowledge that transport options are likely to be similarly restricted in many areas of rural Essex, and that individually, trips made by future occupiers to nearby settlements or Audley End railway station may not be that far. However, this is not a justification for additional development in a location which is not easily accessible to services and facilities. 63.

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision The houses would be provided with electric vehicle charging points, but whilst electric cars produce less emissions than petrol or diesel vehicles, they are not a truly sustainable option, and their use still adds additional traffic onto the local road network. 64. I conclude that the proposed location fails to accord with local and national policies promoting the use of sustainable transport. The proposed development would not encourage movement by transport modes other than the car, and the resultant additional road traffic could reduce the attractiveness of the local lanes for walking and cycling. As such, the proposal conflicts with Saved Local Plan Policy GEN1e). There is further conflict with the objective of promoting sustainable transport in Section 9 of the Framework. Other Matters 65. I have identified no harm in respect of the effect of the proposal on the living conditions of neighbouring occupiers, and sufficient parking would be provided to meet policy requirements. Other impacts of the scheme, including effects on biodiversity and special verges, could be addressed through appropriate conditions. These matters represent a lack of harm and are neutral in the planning balance.

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision https://www.gov.uk/planning-inspectorate 9

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision https://www.gov.uk/planning-inspectorate 9 Appeal Decision APP/C1570/W/22/3306121 66. The appellant has highlighted a recent appeal decision concerning a site at Stebbing1. In that case, a development of up to 9 dwellings was allowed, despite the poor connectivity of the site to nearby settlements, communities and services. The Inspector in the Stebbing case found that the shortfall in housing supply was such that the benefit of providing additional housing outweighed the locational harm. 67. In the Stebbing case, poor accessibility was the only harm identified by the Inspector. In that respect, that decision differs from the case before me, which would also cause harm to heritage assets and to the character and appearance of the area. 68. Furthermore, the shortfall in housing supply was significantly larger at the time of the Stebbing appeal, compared with the current 4.89 years. In addition, the Stebbing site was included on the Council’s brownfield land register, and the expectation that housing would be provided on the site formed part of the Council’s housing land supply calculations. Those factors, which do not apply in the case before me, formed part of the Inspector’s reasoning.

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision The differences between the two cases means that the Stebbing appeal does not provide a reason to allow the appeal before me. Other considerations Planning policy 69. The most important policies for determining the appeal are those listed in the decision notice, namely Saved Local Plan Policies S7, GEN1, GEN2 and ENV2. 70. In respect of the harm to heritage assets, the conflict with Policy ENV2 is outweighed by the public benefits of the proposed housing. However, I have also identified conflict with Policies S7, GEN2b) and GEN1e). 71. The Local Plan predates the publication of the Framework, but the weight to be attached to relevant policies does not hinge on their age. Rather, Framework paragraph 219 makes it clear that due weight should be given to existing policies according to their degree of consistency with national planning policy. 72. There is no dispute that, by seeking to protect the countryside for its own sake, Saved Policy S7 goes beyond the provisions of Framework paragraph 174b).

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision That said, the requirement that development must protect or enhance the character of the countryside accords, in broad terms, with the objectives of both paragraph 174b) and the aspirations to achieve well-designed places set out in paragraph 130. 73. I have found that Saved Policy GEN1e) is broadly consistent with the objectives of promoting sustainable transport contained in Framework Section 9. Saved Policy GEN2 sets out general design criteria for new development, and is consistent with the objective for achieving well designed places set out in Framework paragraph 130. 74. Given their general consistency with the Framework, I give significant weight to the conflict with Saved Policies S7, GEN2b) and GEN1e). As there are no policies in the Local Plan which positively favour development of this kind in this location, there would be conflict with the development plan as a whole. 1 Appeal ref APP/C1570/W/21/3282617 Sabre House, Dunmow Road, Stebbing https://www.gov.uk/planning-inspectorate 10

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision Appeal Decision APP/C1570/W/22/3306121 Housing supply 75. There is no dispute that the Council is unable to demonstrate a five-year supply of deliverable housing sites. This situation is a long standing one. Work on a new local plan for the area is underway, but addressing the problem through new planning policies for the area is still a considerable way off. 76. The Council’s most recent 5-year land supply statement indicates that, as of 1 April 2022, the housing land supply figure was 4.89 years. This suggests that the housing supply situation is improving; a trend confirmed by the Housing Delivery Test results for 2021. Those results indicate that housing delivery over the previous 3 years had been 99% of the requirement, with no additional buffer or action required. 77. Nonetheless, the lack of a five year supply of housing means that footnote 8 of Framework paragraph 11d)ii. is engaged. This means that the policies which are most important for determining the application are deemed to be out of date, and that permission should be granted unless any adverse impacts would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole. Planning Balance 78.

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision The proposal would provide additional family housing of varying sizes to meet different needs, and would bring an underused site back into active use. The additional dwellings would have a positive impact on the supply of housing in the area, but the contribution of an additional 7 (net) houses to the overall supply would be modest. There would also be modest economic benefits associated with the proposal. 79. I have found that these economic and social benefits would be sufficient to outweigh the less than substantial harm to the setting of the listed building, and the loss of significance of the Aisled Barn. The benefits of the proposed housing would also outweigh the modest harm to the character and appearance of the area. 80. However, harm would also result from the provision of new houses in an area with poor accessibility to local services and facilities, which would result in increased travel by car. When taken together, the benefits of the scheme would not be sufficient to outweigh all of the harms, even when the Framework objective of boosting significantly the supply of housing is taken into account.

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — Appeal Decision Overall, the adverse impacts of the scheme would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole. Conclusion 81. The proposal conflicts with the development plan as a whole, and there are no other material considerations, including the provisions of the Framework, which outweigh those findings. Consequently, the appeal is dismissed.

Buildings to the Rear of Mulberry House, Wenden Road, Arkesden, Essex, CB11 4HD — Uttlesford District Council — R Morgan INSPECTOR https://www.gov.uk/planning-inspectorate 11 Appeal Decision APP/C1570/W/22/3306121 Hearing appearances For the appellant: Charles Banner KC Barrister Ian Beatwell Planning consultant, Landmark Town Planning Rebecca Mason Heritage specialist, Iceni Projects Alistair Allen Architect, BRD Alan Halton Transport specialist, SLR For the Council: Chris Tyler Planning officer, Uttlesford District Council Thomas Muston Built Heritage consultant, Place Services, Essex County Council For Arkesden Parish Council: John May Chair of the Parish Council Sophie Garrod Other interested parties: A number of local residents spoke including: Charles Allen-Jones Nick Crimes https://www.gov.uk/planning-inspectorate 12