Case 3311972

Newstead Farm Couchman Green Lane, Maidstone, TN12 0RT

Maidstone Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
10 July 2023
Authority
Maidstone Borough Council
Inspector
Hall C
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Unknown
Development type
Minor Dwellings
Appellant
Mr M Greengrow
LPA reference
22/504016/FULL
ONS LPA code
E07000110
Jurisdiction
Transferred
Link status
Not Linked
Start date
4 April 2023

Summary AI

The appeal was dismissed due to the proposed development's potential harm to the character and appearance of the surrounding area, despite some mitigating factors.

Generated from the decision letter — check against the original before relying on it.

PDF text

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Newstead Farm Couchman Green Lane, Maidstone, TN12 0RT — Maidstone Borough Council | | Appeal Decision | | --- | --- | | S | ite visit made on 22 June 2023 | | b | y C Hall BSc MPhil MRTPI | | a | n Inspector appointed by the Secretary of State | | D | ecision date: 10th July 2023 |

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Newstead Farm Couchman Green Lane, Maidstone, TN12 0RT — Maidstone Borough Council | | Appeal Decision | | --- | --- | | S | ite visit made on 22 June 2023 | | b | y C Hall BSc MPhil MRTPI | | a | n Inspector appointed by the Secretary of State | | D | ecision date: 10th July 2023 | | | Appeal Ref: APP/U2235/W/22/3311972 | | --- | --- | | | Newstead Farm, Couchman Green Lane, Staplehurst, Kent TN12 0RT | | | • 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 M Greengrow against the decision of Maidstone Borough | | | Council. | | | • The application ref. 22/504016/FULL, dated 19 August 2022, was refused by notice dated | | | 14 October 2022. | | | • The proposal is for the demolition of existing agricultural barn and erection of 2no. | | | residential dwellings with associated parking, landscaping and ecology enhancements. |

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Newstead Farm Couchman Green Lane, Maidstone, TN12 0RT — Maidstone Borough Council | | Appeal Ref: APP/U2235/W/22/3311972 | | --- | --- | | | Newstead Farm, Couchman Green Lane, Staplehurst, Kent TN12 0RT | | | • 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 M Greengrow against the decision of Maidstone Borough | | | Council. | | | • The application ref. 22/504016/FULL, dated 19 August 2022, was refused by notice dated | | | 14 October 2022. | | | • The proposal is for the demolition of existing agricultural barn and erection of 2no. | | | residential dwellings with associated parking, landscaping and ecology enhancements. |

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Newstead Farm Couchman Green Lane, Maidstone, TN12 0RT — Maidstone Borough Council Decision 1. The appeal is dismissed. Main Issues 2. The main issues are the effect of the development on: the character and appearance of the surrounding area; and ⚫ flood risk. ⚫ Reasons Character and appearance 3. The appeal site comprises an agricultural barn at the eastern end of a long driveway in a rural area consisting of sporadic dwellings and other buildings set in wider open countryside. 4. The Appellant has drawn my attention to an existing prior approval for three residential units at the appeal site, and it is maintained that the appeal scheme represents an improvement in design terms when compared to the potential fallback position. 5. I am not persuaded that this would be the case. I note in particular that policy DM31 of the Maidstone Borough Local Plan October 2017 (LP) states, amongst other things, that proposals for the re-use and adaptation of existing rural buildings should incorporate alterations that are in keeping with the landscape and building character in terms of materials used, design and form. Whilst the appeal proposal is to demolish the barn rather than re-use or adapt, I am satisfied that the general approach to resultant design and form would still apply.

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Newstead Farm Couchman Green Lane, Maidstone, TN12 0RT — Maidstone Borough Council _________________________________________________________________________________ https://www.gov.uk/planning-inspectorate

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Newstead Farm Couchman Green Lane, Maidstone, TN12 0RT — Maidstone Borough Council _________________________________________________________________________________ https://www.gov.uk/planning-inspectorate Appeal Decision APP/U2235/W/22/3311972 __________________________________________________________________________________________ 6. The proposed houses would be taller than the existing barn, and in particular the addition of significantly-sized and extensively-glazed gable elements to both the north and south elevations, extending above eaves level, would introduce visually domineering and incongruous elements that would not reflect the uncomplicated and robust design of the existing building. 7. I appreciate that the scheme would have a limited effect on the public domain due to a lack of visibility. However, just because a development cannot readily be viewed from public vantage points does not obviate the obligation to ensure that it would be well designed, and does not includes features that would appear discordant when compared with the simple form of the existing barn. 8. The proposed block plan demonstrates that the footprint of the new dwellings would be smaller than the existing barn, and the garden areas of the houses would not extend significantly beyond the current built limits.

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Newstead Farm Couchman Green Lane, Maidstone, TN12 0RT — Maidstone Borough Council The parking spaces would be closely related to the properties, and a soft landscaping scheme could be conditioned to enhance the natural environment. Consequently, I consider that there would be no material harm in these respects, however this does not alleviate my concerns outlined above with regard to the design and appearance of the new units. 9. I conclude that the proposal would result in harm to the character and appearance of the surrounding area. It would be contrary to Policies SS1, SP17, DM1, DM30 and DM31 of the LP, Policy PW2 of the Staplehurst Neighbourhood Plan (2016-2031) and the Council's Landscape Character Assessment (2013), which seek to secure new development of acceptable scale and appearance. It would also be inconsistent with the advice in the National Planning Policy Framework, which states that good design is a key aspect of sustainable development. Flood risk 10. I note that the Environment Agency has not objected to the development on flood risk grounds, and various mitigation measures and evacuation routes have been outlined to protect future occupiers during a severe event.

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Newstead Farm Couchman Green Lane, Maidstone, TN12 0RT — Maidstone Borough Council Bearing in mind the prior approval fallback for residential development on the site, taking a pragmatic approach I am of the view that suitable strategies have been identified. 11. The appeal scheme would be consistent with policies relating to flood risk and consequently would meet DM1 of the LP and the Framework. Conclusion 12. Having regard to the above and all other matters raised, I conclude that the appeal should be dismissed.

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Newstead Farm Couchman Green Lane, Maidstone, TN12 0RT — Maidstone Borough Council — C Hall INSPECTOR _________________________________________________________________________________ https://www.gov.uk/planning-inspectorate 2

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Character and appearance
Against appellant
¶6

The proposed houses would be taller than the existing barn, and the addition of significantly-sized and extensively-glazed gable elements would introduce visually domineering and incongruous elements.

Character and appearance
Against appellant
¶7

The proposal would result in harm to the character and appearance of the surrounding area, contrary to local and national policies.

Flood risk
For appellant
¶10

Suitable strategies have been identified to protect future occupiers during a severe event.

Policies relied on

Reference Weight
DM31
Determinative
SS1
Determinative
SP17
Determinative
DM1
Determinative
DM30
Determinative
PW2
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 10 July 2023 under the Open Government Licence.